Action brought on 5 August 2007 - Lumenis v OHIM (FACES)

(Case T-301/07)

Language of the case: English

Parties

Applicant: Lumenis Ltd (Yokneam, Israel) (represented by: S. Malynicz, Barrister, B. Gerber, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The decision of the Second Board of Appeal dated 1 June 2007 in Case R 1532/2006-2 shall be annulled;

the Office shall bear its own costs and pay those of the applicant.

Pleas in law and main arguments

Community trade mark concerned: The international word mark "FACES" for goods in class 10 - International registration No W0874799

Decision of the examiner: Refused registration in whole

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: In support of its claims, the applicant advances the following grounds:

First, the applicant claims that the Board failed to analyse distinctiveness in relation to all the goods applied for;

Second, according to the applicant, the Board's finding that promotion and marketing in the trade commonly employs facial photographs was unsupported and, in any event, relevant, if at all, to Article 7(1)(b) or Article 7(1)(c);

Third, the applicant contends that the Board failed to analyse the aptness of the term FACES as a descriptive indication in relation to the goods concerned;

Fourth, the applicant submits that the Board committed an error of law by imposing a requirement that the mark be striking, imaginative or creative in order to avoid the objections under Article 7(1)(b) CTMR.

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