Keywords
Subject of the case
Operative part

Keywords

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

)

Subject of the case

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

>lt>2

Operative part

Operative part

The Court:

1. 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);

2. Orders the intervener to bear its own costs and to bear one third of the applicant’s costs;

3. Orders the applicant to bear two thirds of its own costs;

4. Orders OHIM to bear its own costs.