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Judgment of the General Court (Fifth Chamber) of 24 January 2008.#Dorel Juvenile Group, Inc. v European Union Intellectual Property Office.#Case T-88/06.
ECLI:EU:T:2008:15
62006TJ0088
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Judgment of the Court of First Instance (Fifth Chamber) of 24 January 2008 – Dorel Juvenile Group v OHIM (SAFETY 1ST)
(Case T-88/06)
Community trade mark − Application for the Community word mark SAFETY 1ST – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 35, 38-39, 44)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 616/2004-2) relating to an application for registration of the word mark SAFETY 1ST
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark SAFETY 1ST designating goods in Classes 12, 20, 21 and 28 – Application No 2258697
Decision of the Examiner:
Dismissal of application
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Dorel Juvenile Group, Inc. to pay the costs.