C_2005132EN.01003402.xml

28.5.2005

Official Journal of the European Union

C 132/34

Action brought on 1 April 2005 by LA PERLA S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-137/05)

(2005/C 132/62)

Language of the case: Italian

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 1 April 2004 by LA PERLA S.p.A., represented by Renzo Maria Morresi and Alberto Dal Ferro, lawyers.

Cielo Brands — Gestao e Investimentos Lda. was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—	annul in full the contested decision reinstating the decision of the Cancellation Division and therefore declaring the contested trade mark invalid;

—	order Cielo Brands — Gestao e Investimentos Lda to pay the costs of the proceedings, including the previous two sets of proceedings before OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity is sought:

The word mark NIMEI LA PERLA MODERN CLASSIC — Application for registration no 713.446 in respect of goods in Class 14 (jewellery, gold articles, watches; precious metals; pearls; precious stones).

Proprietor of the Community trade mark:

Cielo Brands — Gestao e Investimentos Lda

Applicant for declaration of invalidity:

The applicant

Trade mark or sign right of applicant:

Italian trade marks:

—	La PERLA (Figurative trade mark no. 769.526), in respect of goods in Class 25.

—	LA PERLA PARFUMS (Word mark no 776.082), in respect of goods in Class 3.

—	La PERLA (Figurative trade mark no. 804.992) in respect of goods in Classes 3, 9, 14, 16, 18, 24, 25 and 35.

—	La PERLA (Figurative trade mark no GE2000 C 000428) in respect of goods in Class 3.

—	La PERLA (Figurative trade mark no GE2002 C 000181) in respect of goods in Class 3.

Decision of the Cancellation Division:

Granting the application for a declaration of invalidity and a declaration of invalidity of the Community trade mark.

Decision of the Board of Appeal:

Granting the appeal and annulment of the decision of the Cancellation Division.

Pleas in law:

—	Infringement of Article 8(5) and (1)(a) and (b) and Article 73 of Regulation (EC) No 40/94 on the Community trade mark.

—	Infringement of Rule 50(2)(h) of Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94.