Action brought on 17 February 2011 - Ferrari v OHIM (PERLE')

(Case T-104/11)

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.

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