Judgment of the General Court of 18 January 2011 - Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE)
(Community trade mark - Opposition proceedings - Application for Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Advance Magazine Publishers Inc. (New York, United States) (represented by: M. Esteve Sanz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to 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 of OHIM of 30 June 2008 (Case R 328/2003-2) relating to opposition proceedings between J. Capela & Irmãos, Lda and Advance Magazine Publishers, Inc.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2008 (Case R 328/2003-2);
Dismisses the action as to the remainder;
Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.
____________1 - OJ C 301, 22.11.2008.