Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 18 January 2011 – Advance Magazine Publishers v OHIM – Capela & Irmãos (VOGUE)**

**(Case T-382/08)**

Community trade mark – Opposition proceedings – Application for Community word mark VOGUE – Earlier national word mark VOGUE Portugal – No genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009)

1.                     *Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras
27-29)*

2.                     *Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
earlier mark – Genuine use – Application of the criteria to the case in question (Council Regulation No 40/94, Art. 43(2)
and (3)) (see paras 30-32)*

**Re:**

|  |  |  |
| --- | --- | --- |
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 June 2008 (Case R 328/2003-2) relating to opposition proceedings between J. Capela & Irmãos, L | da | 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, 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: | Portuguese trade mark registration No 143183 of the word mark VOGUE Portugal for goods in Class 25; Portuguese business name No 32046 VOGUE – SAPATARIA |
| Decision of the Opposition Division: | Opposition upheld in its entirety |
| 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 30 June 2008 (Case R 328/2003-2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the action as to the remainder; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc. |

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