CELEX: 62004TJ0481
Language: en
Date: 2007-10-04 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 4 October 2007. # Advance Magazine Publishers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-481/04.

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.