Judgment of the General Court (Eighth Chamber) of 9 December 2010.#Liz Earle Beauty Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Application for the Community word mark NATURALLY ACTIVE - Absolute ground for refusal - Lack of inherent distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 207/2009.#Case T-307/09.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 May 2009 (Case R 27/2009-2) concerning registration of the word sign NATURALLY ACTIVE as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2009 (Case R 27/2009‑2) in so far as it refused registration as a Community trade mark of the word sign NATURALLY ACTIVE for wash bags, cosmetic bags and cases, beach bags, handbags, shoulder bags, draw string bags, purses, wallets, vanity cases, make-up bags, canvas bags, and cases for mirrors in Class 18 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders Liz Earle Beauty Co. Ltd to bear its own costs and to pay two thirds of OHIM’s costs. OHIM is ordered to bear one third of its costs.