(Case T-382/08)

Community trade mark – Opposition proceedings – Application for Community word mark VOGUE – Earlier national word mark VOGUE Portugal – No 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)

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.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark VOGUE for goods and services in Classes 9, 14, 16, 25 and 41 – Application No 183756

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

Portuguese trade mark registration No 143183 of the word mark VOGUE Portugal for goods in Class 25; Portuguese business name No 32046 VOGUE – SAPATARIA

Decision of the Opposition Division:

Opposition upheld in its entirety

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 30 June 2008 (Case R 328/2003-2);

2.Dismisses the action as to the remainder;

3.Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.