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.