CELEX: 62008TJ0382
Language: en
Date: 2011-01-18 00:00:00
Title: Judgment of the General Court (First Chamber) of 18 January 2011. # Advance Magazine Publishers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Absence of 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). # Case T-382/08.

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.