Judgment — ECLI:EU:T:2013:51
Date: 2013-02-01
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Action brought on 17 February 2011 - Ferrari v OHIM (PERLE') (Case T-104/11) Language in which the application was lodged: Italian Parties Applicant: Ferrari F.lli Lunelli SpA (Trento, Italy) (represented by P. Perani and G. Ghisletti, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the Second Board of Appeal of OHIM in Case R 1249/2010-2 delivered on 8 December 2010 and notified on 17 December 2010. Order OHIM to pay the costs of the proceedings. Pleas in law and main arguments Community trade mark concerned: International figurative mark (No W 10510030) containing the word element 'PERLE'' for goods in Classes 3, 25 and 33 in respect of which the applicant has sought Community protection. Decision of the Examiner: Rejected in part the request for protection. Decision of the Board of Appeal: Dismissed the appeal. Pleas in law: Misapplication of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009. ____________