Judgment of the General Court (First Chamber) of 18 January 2011.#Advance Magazine Publishers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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).#Case T-382/08.

Subject of the case

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, L da and Advance Magazine Publishers, Inc.

Information relating to the case

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Operative part

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.