Action brought on 16 November 2012 - Advance Magazine Publishers v OHIM - Nanso Group (TEEN VOGUE)

(Case T-509/12)

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.

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