CELEX: 62012TN0229
Language: en
Date: 2012-05-25 00:00:00
Title: Case T-229/12: Action brought on 25 May 2012 — Advance Magazine Publishers/OHIM — Eduardo López Cabré (VOGUE)

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