# C_2005132EN.01003402.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/34 |
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28.5.2005

EN

Official Journal of the European Union

C 132/34

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Action brought on 1 April 2005 by LA PERLA S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-137/05)

(2005/C 132/62)

Language of the case: Italian

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 1 April 2004 by LA PERLA S.p.A., represented by Renzo Maria Morresi and Alberto Dal Ferro, lawyers.

Cielo Brands — Gestao e Investimentos Lda. was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | annul in full the contested decision reinstating the decision of the Cancellation Division and therefore declaring the contested trade mark invalid; |
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annul in full the contested decision reinstating the decision of the Cancellation Division and therefore declaring the contested trade mark invalid;

| — | order Cielo Brands — Gestao e Investimentos Lda to pay the costs of the proceedings, including the previous two sets of proceedings before OHIM. |
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order Cielo Brands — Gestao e Investimentos Lda to pay the costs of the proceedings, including the previous two sets of proceedings before OHIM.

Pleas in law and main arguments

| Registered Community trade mark in respect of which a declaration of invalidity is sought: | The word mark NIMEI LA PERLA MODERN CLASSIC — Application for registration no 713.446 in respect of goods in Class 14 (jewellery, gold articles, watches; precious metals; pearls; precious stones). |
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| Proprietor of the Community trade mark: | Cielo Brands — Gestao e Investimentos Lda |
| Applicant for declaration of invalidity: | The applicant |
| Trade mark or sign right of applicant: | Italian trade marks:






  — | La PERLA (Figurative trade mark no. 769.526), in respect of goods in Class 25. |

Registered Community trade mark in respect of which a declaration of invalidity is sought:

The word mark NIMEI LA PERLA MODERN CLASSIC — Application for registration no 713.446 in respect of goods in Class 14 (jewellery, gold articles, watches; precious metals; pearls; precious stones).

Proprietor of the Community trade mark:

Cielo Brands — Gestao e Investimentos Lda

Applicant for declaration of invalidity:

The applicant

Trade mark or sign right of applicant:

Italian trade marks:

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La PERLA (Figurative trade mark no. 769.526), in respect of goods in Class 25.

| — | LA PERLA PARFUMS (Word mark no 776.082), in respect of goods in Class 3. |
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LA PERLA PARFUMS (Word mark no 776.082), in respect of goods in Class 3.

| — | La PERLA (Figurative trade mark no. 804.992) in respect of goods in Classes 3, 9, 14, 16, 18, 24, 25 and 35. |
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La PERLA (Figurative trade mark no. 804.992) in respect of goods in Classes 3, 9, 14, 16, 18, 24, 25 and 35.

| — | La PERLA (Figurative trade mark no GE2000 C 000428) in respect of goods in Class 3. |
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La PERLA (Figurative trade mark no GE2000 C 000428) in respect of goods in Class 3.

| — | La PERLA (Figurative trade mark no GE2002 C 000181) in respect of goods in Class 3. |
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La PERLA (Figurative trade mark no GE2002 C 000181) in respect of goods in Class 3.

Decision of the Cancellation Division:

Granting the application for a declaration of invalidity and a declaration of invalidity of the Community trade mark.

Decision of the Board of Appeal:

Granting the appeal and annulment of the decision of the Cancellation Division.

Pleas in law:

| — | Infringement of Article 8(5) and (1)(a) and (b) and Article 73 of Regulation (EC) No 40/94 on the Community trade mark. |
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Infringement of Article 8(5) and (1)(a) and (b) and Article 73 of Regulation (EC) No 40/94 on the Community trade mark.

| — | Infringement of Rule 50(2)(h) of Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94. |
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Infringement of Rule 50(2)(h) of Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94.

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