10.1.2009
EN
Official Journal of the European Union
C 6/41
Action brought on 14 November 2008 — Earle Beauty v OHIM (SUPERSKIN)
(Case T-486/08)
(2009/C 6/80)
Language of the case: English
Parties
Applicant(s): Liz Earle Beauty Co. Ltd (formerly Liz Earle Cosmetics Ltd.) (Ryde, United Kingdom) (represented by M. Cover, solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 September 2008 in case R 1656/2007-4 and declare that the Community trade mark concerned (application No 5 967 856) proceed to application and registration; and
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘SUPERSKIN’ for goods and services in classes 3, 5 and 44 — application No 5 967 856
Decision of the examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that the trade mark concerned is descriptive of the characteristics of the goods or services for which registration is sought.
Full & Egal Universal Law Academy