CELEX: 62012TN0509
Language: en
Date: 2012-11-16 00:00:00
Title: Case T-509/12: Action brought on 16 November 2012 — Advance Magazine Publishers v OHIM — Nanso Group (TEEN VOGUE)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/64
            
         Action brought on 16 November 2012 — Advance Magazine Publishers v OHIM — Nanso Group (TEEN VOGUE)
   (Case T-509/12)
   2013/C 26/127
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Advance Magazine Publishers, Inc. (New York, United States) (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: Nanso Group Oy (Nokia, Finland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in case R 147/2011-4 and reject the opposition; and
            
         
               —
            
            
               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 word mark ‘TEEN VOGUE’, for among others goods in class 25 — Community trade mark application No 3529476
   
      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: Swedish trade mark registration No 126124 of the word mark ‘VOGUE’, for goods in class 25; Swedish trade mark registration No 43934 for the figurative sign ‘Vogue’, for goods in class 25; Finish trade mark application No T 199 803 628 for the word mark ‘VOGUE’, for goods in class 25; Registered auxiliary trade name ‘VO Gue’
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) Council Regulation No 207/2009.