28.7.2012

EN

Official Journal of the European Union

C 227/27

(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

—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);

—alternatively, to uphold the Opposition only so far as it relates to the following goods umbrellas, parasols and accessories for umbrellas and parasols; and

—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.