Judgment of the General Court of 1 February 2013 - Ferrari v OHIM (PERLE')

(Case T-104/11) 

(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)

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.

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¹ - OJ C 113, 9.4.2011.