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7.7.2007 |
EN |
Official Journal of the European Union |
C 155/21 |
Judgment of the Court of First Instance of 16 May 2007 — La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)
(Case T-137/05) (1)
(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)
(2007/C 155/41)
Language of the case: Italian
Parties
Applicant: Gruppo La Perla SpA (Bologna, Italy) (represented by: R. Morresi and A. Dal Ferro, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Capostagno, and subsequently O. Montalto, Agents)
Other party to the proceedings before the OHIM Board of Appeal, intervener before the Court of First Instance: Worldgem Brands — Gestão e Investimentos Lda, formerly Cielo Brands — Gestão e Investimentos Lda, (Madeira, Portugal) (represented by: G. Bozzola et C. Bellomunno, lawyers)
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 Lda.
Operative part of the judgment
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1. |
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) is annulled. |
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2. |
The intervener is ordered to bear its own costs and to bear one third of the applicant's costs. |
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3. |
The applicant is ordered to bear two thirds of its own costs. |
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4. |
OHIM is ordered to bear its own costs. |