CELEX: 62005TJ0137
Community trade mark
Cancellation proceedings
Community word mark NIMEI LA PERLA MODERN CLASSIC
Earlier national figurative and word marks la PERLA and LA PERLA PARFUMS
Relative grounds for refusal
Article 52(1)(a) of Regulation (EC) No 40/94
Article 8(5) of Regulation No 40/94

APPEAL lodged against the decision of the First Board of Appeal of OHIM of 25 January 2005 (Case R 537/2004-1) relating to
cancellation proceedings between Gruppo La Perla SpA and Worldgem Brands – Gestão e Investimentos L
da
.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark NIMEI LA PERLA MODERN CLASSIC for goods in Class 14 – Application No 713446
Proprietor of the contested Community trade mark:
Worldgem Brands – Gestão e Investimentos L
da
, formerly Cielo Brands – Gestão e Investimentos L
da
Party applying for cancellation:
Gruppo La Perla SpA
Trade marks of the applicant for cancellation:
Italian marks:
la PERLA, for goods in Class 25 – Figurative mark No 769526;
LA PERLA PARFUMS, for goods in Class 3 – Word mark No 776082;
la PERLA, for goods in Classes 3, 9, 14, 16, 18, 24, 25 and 35 – Figurative mark No 804992;
la PERLA for goods in Class 3 – Figurative mark No GE 2002 C 000181
Decision of the Cancellation Division:
Application upheld; Community trade mark cancelled
Decision of the Board of Appeal:
Appeal allowed: decision of the Cancellation Division set aside
Operative part
The Court:

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 25 January 2005 (Case R537/2004-1);

Orders the intervener to bear its own costs and to bear one third of the applicant’s costs;

Orders the applicant to bear two thirds of its own costs;

Orders OHIM to bear its own costs.