Superhuid

GvEA, 9 December 2009, T-486/08, Liz Earle Beauty Co. Ltd tegen OHIM.

Gemeenschapsmerk. Gedeeltelijke weigering registratie Gemeenschapswoordmerk SUPERSKIN. Niet beschrijvend voor alle cosmeticaproducten. 

37. (…)  The sign at issue will immediately be perceived by the relevant public, without further thought, as designating goods and services which have as their intended purpose high-quality skin, that is to say, beautiful and/or healthy skin.

44. Accordingly, as regards perfumes, nail and hair care preparations, deodorants, dentifrice, hair colouring preparations, hairspray, eyecare preparations, nail varnish, nail varnish remover, artificial nails, hygienic care and cosmetic treatments for the hair, the descriptiveness of the mark applied for is not sufficiently pronounced for the relevant public to perceive immediately, without further thought, a description of the category of goods and services concerned or one of their characteristics. However, as regards the other goods and services conceived, the Court finds that the mark applied for is descriptive for the purposes of Article 7(1)(c) of Regulation No 40/94.

Lees het arrest hier.