CELEX: 62009TJ0307
Community trade mark
Application for the Community word mark NATURALLY ACTIVE
Absolute ground for refusal
Lack of inherent distinctive character
Lack of distinctive character acquired by use
Article 7(1)(b) and (3) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 May 2009 (Case R 27/2009-2) concerning registration
of the word sign NATURALLY ACTIVE as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Liz Earle Beauty Co. Ltd
Community trade mark sought:
Word mark NATURALLY ACTIVE for goods and services in Classes 3, 5, 16, 18, 35 and 44 – Application No 6531438
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
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 11 May 2009 (Case R 27/2009‑2) in so far as it refused registration as a Community trade mark of the word
sign NATURALLY ACTIVE for wash bags, cosmetic bags and cases, beach bags, handbags, shoulder bags, draw string bags, purses,
wallets, vanity cases, make-up bags, canvas bags, and cases for mirrors in Class 18 of the Nice Agreement concerning the International
Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.
Dismisses the action as to the remainder;
3.
Orders Liz Earle Beauty Co. Ltd to bear its own costs and to pay two thirds of OHIM’s costs. OHIM is ordered to bear one third
of its costs.