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Case T-104/11: Judgment of the General Court of 1 February 2013 — Ferrari v OHIM (PERLE') (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)
ECLI:EU:UNKNOWN:62011TA0104
62011TA0104
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16.3.2013
Official Journal of the European Union
C 79/14
(Case T-104/11)(<span class="super">1</span>)
(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)
2013/C 79/23
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.
(<span class="super">1</span>) OJ C 113, 9.4.2011.