Source: EURLEX
Language: en
Format: md

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| 24.11.2007 | EN | Official Journal of the European Union | C 283/25 |

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

(Case T-481/04)[(1)](#ntr1-C_2007283EN.01002502-E0001)

(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)

(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

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| 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); |

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| 2. | Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc. |

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