Source: EURLEX
Language: en
Format: md

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

**(Case T-137/05)**

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 ground for refusal – Article 52(1)(a) of Regulation (EC) No 40/94 – Article 8(5) of Regulation No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation (Council Regulation No 40/94,
Art. 8(5)) (see para. 51)

**Re:**

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| --- | --- | --- |
| 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**

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| --- | --- |
| 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 Lda, formerly Cielo Brands – Gestão e Investimentos Lda |
| 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:

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| --- | --- | --- |
|  |  | 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); |

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| --- | --- | --- |
|  |  | 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; |

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| --- | --- | --- |
|  |  | Orders OHIM to bear its own costs. |

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