CELEX: 62011TA0104
Language: en
Date: 2013-02-01 00:00:00
Title: Case T-104/11: Judgment of the General Court of 1 February 2013 — Ferrari v OHIM (PERLE') (Community trade mark — International registration designating the European Community — Figurative mark PERLE' — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)

16.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/14
            
         Judgment of the General Court of 1 February 2013 — Ferrari v OHIM (PERLE')
   (Case T-104/11) (1)
   
   (Community trade mark - International registration designating the European Community - Figurative mark PERLE' - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)
   2013/C 79/23
   Language of the case: 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) (represented: initially by G. Mannucci, and subsequently L. Rampini and F. Mattina, acting as Agents)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2010 (Case R 1249/2010-2) concerning the international registration, designating the European Community, of the figurative mark PERLE'.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Ferrari F.lli Lunelli SpA to pay the costs.
            
         
      (1)  OJ C 113, 9.4.2011.