Case T-104/11 Ferrari F.LLI Lunelli Spa V OHIM [1 February 2013]

    May 2013
    The General Court (GC) has confirmed a decision of OHIM’s Second Board of Appeal (BoA), concerning the CTM designation of a WIPO International Registration of the PERLE’ trademark covering wines and sparkling wines, amongst other goods, in Class 33. The GC confirmed that the mark did not satisfy the absolute grounds for registration under Article 7(1)(b) and (c) CTMR as it was descriptive and therefore not distinctive in respect of wines and sparkling wines.