Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 4 October 2007 – Advance Magazine Publishers v OHIM – Capela &
Irmãos (VOGUE)**

**(Case T-481/04)**

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

Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(2)) (see paras 20-21)

**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, Lda and Advance Magazine Publishers, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Advance Magazine Publishers, Inc. |
| Community trade mark sought: | Word mark VOGUE for goods and services in Classes 9, 14, 16, 18, 25 and 41 – Application No 183756 |
| Proprietor of the mark or sign cited in the opposition proceedings: | J. Capela & Irmãos, Lda |
| Mark or sign cited in opposition: | National word mark VOGUE Portugal for goods in Class 25 and company name VOGUE – SAPATARIA |
| Decision of the Opposition Division: | Community trade mark refused for the goods and services in question |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 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. |

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