Judgment — ECLI:EU:T:2014:95
Date: 2014-02-27
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary;Action for annulment - successful

Action brought on 25 May 2012 - Advance Magazine Publishers/OHIM - Eduardo López Cabré (VOGUE) (Case T-229/12) Language in which the application was lodged: English Parties Applicant: Advance Magazine Publishers, Inc. (New York, USA) (represented by: C. Aikens, Barrister) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Eduardo López Cabré (Barcelona, Spain) Form of order sought Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 26 March 2012 (R 1170/2011-4); alternatively, to uphold the Opposition only so far as it relates to the following goods umbrellas, parasols and accessories for umbrellas and parasols; and to order the Opponent to pay the costs incurred by the Applicant. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The figurative mark "VOGUE" for goods and services in classes 3, 9, 14, 16, 18, 21, 24, 26, 28, 35, 38, 39, 40, 41, 42, 43, 44 and 45 - Community trade mark application No 4 023 041 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: The community and national word mark "VOGUE" and the national figurative mark "VOGUE moda en lluvia" for goods in class 18 Decision of the Opposition Division: Partly upheld the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009. ____________