Judgment of the General Court (Eighth Chamber) of 27 February 2014 —
Advance Magazine Publishers v OHIM — López Cabré (TEEN VOGUE)
(Case T‑37/12)
Community trade mark — Opposition proceedings — Application for Community word mark TEEN VOGUE — Earlier national word mark VOGUE — Relative ground for refusal — Likelihood of confusion — Identical nature of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95 — Partial refusal to register
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation having regard to the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 24)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 25-29)
3. Community trade mark — Opposition proceedings — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Arts 42(2), and 76(2); Commission Regulation No 2868/95, Art. 1, Rule 22(2)) (see paras 43, 45-49)
4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 57, 58, 60, 77)
5. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks TEEN VOGUE and VOGUE (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 62, 63, 76, 78)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2011 (Case R 1763/2010‑4), concerning opposition proceedings between Mr Eduardo López Cabré and Advance Magazine Publishers, Inc. |
Operative part
The Court:
2. | | Orders Advance Magazine Publishers, Inc., to pay the costs. |