Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 7.7.2007 | EN | Official Journal of the European Union | C 155/21 |

---

Judgment of the Court of First Instance of 16 May 2007 — La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)

(Case T-137/05)[(1)](#ntr1-C_2007155EN.01002102-E0001)

(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)

(2007/C 155/41)

Language of the case: Italian

Parties

Applicant: Gruppo La Perla SpA (Bologna, Italy) (represented by: R. Morresi and A. Dal Ferro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Capostagno, and subsequently O. Montalto, Agents)

Other party to the proceedings before the OHIM Board of Appeal, intervener before the Court of First Instance: Worldgem Brands — Gestão e Investimentos Lda, formerly Cielo Brands — Gestão e Investimentos Lda, (Madeira, Portugal) (represented by: G. Bozzola et C. Bellomunno, lawyers)

Re:

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 Lda.

Operative part of the judgment

|  |  |
| --- | --- |
| 1. | 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) is annulled. |

|  |  |
| --- | --- |
| 2. | The intervener is ordered to bear its own costs and to bear one third of the applicant's costs. |

|  |  |
| --- | --- |
| 3. | The applicant is ordered to bear two thirds of its own costs. |

|  |  |
| --- | --- |
| 4. | OHIM is ordered to bear its own costs. |

---

[Top](#document1)