Case T-59/08: Action brought on 7 February 2008 — Nute Partecipazione and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)
Date: 2008-02-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), jewellery and goldsmith's articles, trade-mark law

12.4.2008

EN

Official Journal of the European Union

C 92/39

Pleas in law and main arguments

Form of order sought

By the present appeal, the Commission seeks annulment of the
judgment of the Civil Service Tribunal of 27 November 2007 in
Case F-122/06 Roodhuijzen v Commission, which annuls the deci-
sion of the Commission refusing to recognise the non-marital
partnership of the applicant as regards the Joint Sickness Insur-
ance Scheme of the European Communities.

In support of its appeal, the Commission raises three pleas in
law seeking annulment.

By its first plea, the Commission submits that the CST ruled
ultra vires in breach of Article 1(2) of Annex VII to the Staff
Regulations and in breach of the principle of non-discrimina-
tion, in that it rejected the appellant's argument relating thereto
and substituted its own without, however, permitting the
Commission to respond thereto, accordingly failing to respect
the rights of the defence.

The second plea alleges an error of law in the interpretation of
the notion of
‘partnership’ as contained in Article 1(2) of
Annex VII to the Staff Regulations, entitling the partner of an
official to be covered by the Joint Sickness Insurance Scheme.

The third plea, raised in the alternative, alleges incorrect inter-
pretation of the principle of non-discrimination.

Action brought on 7 February 2008 — Nute Partecipazione
and La Perla v OHIM — Worldgem Brands (NIMEI LA
PERLA MODERN CLASSIC)

(Case T-59/08)

(2008/C 92/78)

Language in which the application was lodged: Italian

Parties

Applicants: Nute Partecipazione Spa (Bologna, Italy) and La Perla
Srl (Bologna, Italy) (represented by: R. Morresi and A. del Ferro,
lawyers)

— Annul and alter the decision of the Second Board of Appeal
of OHIM of 19 November 2007 on the ground of misappli-
cation of Article 8(5) and infringement of Articles 63(6), 73
and 74 of the regulation on the Community trade mark;

— in the alternative, annul the decision of the Second Board of
Appeal of OHIM of 19 November 2007 on the ground of
misapplication of Article 8(5)
infringement of
Articles 63(6), 73 and 74 of the regulation on the Com-
munity trade mark;

and

— in the further alternative, annul and/or alter the decision of
the Second Board of Appeal of OHIM of 19 November
2007 on the ground of misapplication of Article 8(1)(b) of
the regulation on the Community trade mark and infringe-
ment of Articles 63(6), 73 and 74 of the regulation on the
Community trade mark;

— in any event, order OHIM and Worldgem Brands Srl, jointly
and severally,
the proceedings,
to pay the costs of all
including the costs relating to the proceedings before the
Second Board of Appeal of OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: Community word mark ‘NIMEI LA
PERLA MODERN CLASSIC’
registration
No 713.446) for goods in Class 14. That trade mark has already
been the subject of an earlier application for a declaration of
invalidity. The decision rejecting that earlier application by the
First Board of Appeal was annulled by judgment of the Court of
First Instance in Case T-137/05 La Perla v OHIM — Worldgem
Brands (1).

(application for

Proprietor of the Community trade mark: WORLDGEM BRANDS
Srl

Applicant for the declaration of invalidity: the applicant.

Trade mark right of applicant for the declaration: the reputation of a
in
number of
Classes 3, 9, 14, 16, 18, 24, 25 and 35.

Italian figurative marks

for goods

‘PERLA’

Decision of the Cancellation Division: granted the application and
declared that the registration of the Community trade mark in
question was invalid.

Decision of the Board of Appeal: annulled the contested decision
and granted in part the application for a declaration of inva-
lidity.

Pleas in law: infringement of provisions of law and misinterpre-
tation and misapplication of Articles 63, 73 and 74 of Regu-
lation (EC) No 40/94 on the Community trade mark. In the
alternative: infringement of provisions of law and misapplica-
tion of Article 8(1)(b) of that regulation.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(1) Not yet published in the ECR.

Other party to the proceedings before the Board of Appeal of OHIM:
Worldgem Brands Srl (Olmo di Creazzo, Italy)