CELEX: 62005TJ0137
Language: en
Date: 2007-05-16
Title: Judgment of the Court of First Instance (Third Chamber) of 16 May 2007. # Gruppo La Perla SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-137/05.

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: 
      
         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
      
               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:
      
         
                   
               
               
                  
               
               
                  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);
                  
               
            
         
                   
               
               
                  
               
               
                  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;
               
            
         
                   
               
               
                  
               
               
                  Orders OHIM to bear its own costs.