Source: EURLEX
Language: en
Format: md

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| 28.7.2012 | EN | Official Journal of the European Union | C 227/27 |

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Action brought on 25 May 2012 — Advance Magazine Publishers/OHIM — Eduardo López Cabré (VOGUE)

(Case T-229/12)

2012/C 227/46

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

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| — | 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); |

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| — | alternatively, to uphold the Opposition only so far as it relates to the following goods umbrellas, parasols and accessories for umbrellas and parasols; and |

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| — | 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.

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