Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 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.

---

[Top](#document1)