28.7.2012
EN
Official Journal of the European Union
C 227/27
Action brought on 25 May 2012 — Advance Magazine Publishers/OHIM — Eduardo López Cabré (VOGUE)
(Case T-229/12)
2012/C 227/46
Language in which the application was lodged: English
Parties
Applicant: Advance Magazine Publishers, Inc. (New York, USA) (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: Eduardo López Cabré (Barcelona, Spain)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 26 March 2012 (R 1170/2011-4);
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alternatively, to uphold the Opposition only so far as it relates to the following goods umbrellas, parasols and accessories for umbrellas and parasols; and
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to 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 figurative mark ‘VOGUE’ for goods and services in classes 3, 9, 14, 16, 18, 21, 24, 26, 28, 35, 38, 39, 40, 41, 42, 43, 44 and 45 — Community trade mark application No 4 023 041
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: The community and national word mark ‘VOGUE’ and the national figurative mark ‘VOGUE moda en lluvia’ for goods in class 18
Decision of the Opposition Division: Partly upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
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