29.1.2011

Official Journal of the European Union

C 30/34

(Case T-59/08)(<span class="super">1</span>)

(Community trade mark - Invalidity proceedings - Community word mark NIMEI LA PERLA MODERN CLASSIC - Earlier national figurative marks la PERLA - Relative ground for refusal - Injury to reputation - Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))

2011/C 30/59

Language of the case: Italian

Parties

Applicants: Nute Partecipazioni SpA, formerly Gruppo La Perla SpA (Bologna, Italy); and La Perla Srl (Bologna) (represented by: R. Morresi and A. Dal Ferro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: L. Rampini, and subsequently by O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Worldgem Brands Srl, formerly Worldgem Brands — Gestão e Investimentos L<span class="super">da</span> (Creazzo, Italy) (represented by: V. Bilardo, M. Mazzitelli and C. Bacchini, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2007 (Case R 537/2004-2) concerning invalidity proceedings between Nute Partecipazioni SpA and Worldgem Brands Srl.

Operative part of the judgment

The Court:

1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 November 2007 (Case R 537/2004-2) in so far as it dismissed the application for a declaration of invalidity and ordered Nute Partecipazioni SpA to bear its own costs;

2.Dismisses the action as to the remainder;

3.Orders OHIM to bear its own costs together with 90 % of the costs of Nute Partecipazioni and of La Perla Srl before the Court and all the costs of Nute Partecipazioni before the Board of Appeal;

4.Orders Nute Partecipazioni and La Perla to bear 10 % of their own costs before the Court;

5.Orders Worldgem Brands Srl to bear its own costs.

(<span class="super">1</span>) OJ C 92, 12.4.2008.