CELEX: 62008TN0486
Language: en
Date: 2008-11-14 00:00:00
Title: Case T-486/08: Action brought on 14 November 2008 — Earle Beauty v OHIM (SUPERSKIN)

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.