Case T-481/04: Judgment of the Court of First Instance of 4 October 2007 — Advance Magazine Publishers v OHIM — J. Capela & Irmãos Lda (VOGUE) (Community trade mark — Opposition proceedings — Application for a Community word mark VOGUE — Earlier national word mark VOGUE Portugal — Facts raised for the first time before the Board of Appeal — Extent of the examination carried out by the Board of Appeal)
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, press undertaking, trade-mark law

24.11.2007

EN

Official Journal of the European Union

C 283/25

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 October
2007 — Pergan Hilfsstoffe für industrielle Prozesse v
Commission

Judgment of the Court of First Instance of 4 October 2007
— Advance Magazine Publishers v OHIM — J. Capela &
Irmãos Lda (VOGUE)

(Case T-474/04) (1)

(Case T-481/04) (1)

(Competition — Agreements, decisions and concerted practices
— Organic peroxides — Decision refusing a request for
removal of certain passages from the definitive published
version of a decision finding an infringement of Article 81 EC
— Disclosure of information concerning the applicant by
publishing a decision not addressed to it — Article 21 of
Regulation No 17 — Professional secrecy — Article 287 EC
— Presumption of innocence — Annulment)

(2007/C 283/44)

Language of the case: German

Parties

Applicant: Pergan Hilfsstoffe für industrielle Prozesse GmbH
(Bocholt, Germany)
(represented by: M. Klusmann and F.
Wiemer, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet, Agent, assisted by A. Böhlke, lawyer)

Re:

request

for
published

Application for the annulment of Commission Decision (2004)
D/204343 of 1 October 2004 in so far as it rejects the appli-
cant's
in the
to it
Commission Decision
definitive
2005/349/EC of 10 December 2003 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case COMP/E-2/37.857 — Organic peroxides) (OJ 2005 L 110,
p. 44).

removal of all
of
version

references

(Community trade mark — Opposition proceedings — Appli-
cation for a Community word mark VOGUE — Earlier
national word mark VOGUE Portugal — Facts raised for the
first time before the Board of Appeal — Extent of the exami-
nation carried out by the Board of Appeal)

(2007/C 283/45)

Language of the case: English

Parties

Applicant: Advance Magazine Publishers, Inc., established in New
York, New York (United States), represented by M. Esteve Sanz,
lawyer,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM), represented by J. Laporta
Insa, Agent,

Other party in the proceedings before the Board of Appeal of OHIM:
J. Capela & Irmãos, L.da, (Porto, Portugal),

Re:

Action brought against the decision of the Second Board of
Appeal (OHIM) of 27 September 2004 (Case R 328/2003-2),
concerning opposition proceedings between J. Capela & Irmãos,
L.da and Advance Magazine Publishers, Inc.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Annuls Commission Decision (2004) D/204343 of 1 October

2004;

2. Orders the Commission to pay the costs.

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 27 September 2004 (Case R 328/2003-2);

2. Orders OHIM to bear its own costs and those incurred by Advance

Magazine Publishers, Inc.

(1) OJ C 45, 19.2.2005.

(1) OJ C 57, 5.3.2005.