Action brought on 14 November 2008 - Earle Beauty v OHIM (SUPERSKIN)

(Case T-486/08)

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.

____________