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Case T-104/11: Action brought on 17 February 2011 — Ferrari v OHIM (PERLE’)
ECLI:EU:UNKNOWN:62011TN0104
62011TN0104
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9.4.2011
EN
Official Journal of the European Union
C 113/20
(Case T-104/11)
2011/C 113/39
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.