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Case C-131/08: Order of the Court (Fifth Chamber) of 30 January 2009 — Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Application for word mark SAFETY 1ST — Lack of distinctive character — Refusal of registration)
ECLI:EU:UNKNOWN:62008CB0131
62008CB0131
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16.5.2009
Official Journal of the European Union
C 113/17
(Case C-131/08)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Application for word mark SAFETY 1ST - Lack of distinctive character - Refusal of registration)
2009/C 113/33
Language of the case: English
Parties
Applicant: Dorel Juvenile Group, Inc. (represented by: G. Simon, Rechtsanwältin)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, acting as Agent)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 24 January 2008 in Case T-88/06 Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which the Court dismissed an action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 January 2006 (Case R 616/2004-2) dismissing the appeal against the examiner’s decision which refused to register the word mark ‘SAFETY 1ST’ for goods in Classes 12, 20, 21 and 28 — Distinctive character of a trade mark — Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)
Operative part of the order
1.The appeal is dismissed.
(1) OJ C 158, 21.6.2008.