CELEX: 62011TN0104
Language: en
Date: 2011-02-17 00:00:00
Title: Case T-104/11: Action brought on 17 February 2011 — Ferrari v OHIM (PERLE’)

9.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/20
            
         Action brought on 17 February 2011 — Ferrari v OHIM (PERLE’)
   (Case T-104/11)
   2011/C 113/39
   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.