Judgment of the Court of First Instance of 4 October 2007 - Advance Magazine Publishers v OHIM - J. Capela & Irmãos Lda (VOGUE)
(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)
Language of the case: English
Parties
Applicant: Advance Magazine Publishers, Inc., established in New York, New York (United States), represented by M. Esteve Sanz, lawyer,
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Laporta Insa, Agent,
Other party in the proceedings before the Board of Appeal of OHIM: J. Capela & Irmãos, Lda, (Porto, Portugal),
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.
Operative part of the judgment
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);
Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.
____________1 - OJ C 57, 5.3.2005.