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Judgment of the Court of First Instance (Sixth Chamber) of 25 March 2009. # allsafe Jungfalk GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark ALLSAFE - Absolute grounds for refusal of registration - Absence of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-343/07.
ECLI:EU:T:2009:84
62007TJ0343
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(Case T-343/07)
Community trade mark – Application for the Community word mark ALLSAFE – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 25, 27, 37, 40)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 July 2007 (Case R 454/2006-4) concerning the registration of the word sign ALLSAFE as a community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark ALLSAFE for goods and services in Classes 6, 12, 22, 35, 39 and 42 – Application No 2940534
Decision of the Examiner :
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Ordres allsafe Jungfalk GmbH & Co. KG to pay the costs.