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General Court: Vogue v. Vogue
In case T-229/12, the same parties were concerned(Advance Magazine Publishers Inc v. Mr. Lopez) as in Case T-37/12 (summarized below), but for the contested figurative CTM represented here which was registered for the same goods in Class 18 including furthermore “accessories”.
The General Court annulled the contested decision
finding OHIM had erred upholding the opposition for ‘accessories´. Carefully reviewing
the goods at issue, the Court found that they are either identical (umbrellas)
or have a low degree of similarity (parasols and umbrellas) or were not
sufficiently identifiable (accessories) –according to the IP translator
standard (see par.36) for the Board of Appeal to be able actually to assess
their degree of similarity with the goods protected by the earlier CTM VOGUE,
namely, umbrellas.
Another Vogue, always in Vogue here
Tags: General Court, Vogue, goods, accessories,



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