Source: EURLEX
Language: en
Format: md

**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 1 | ST | as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Dorel Juvenile Group, Inc. |
| 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. |

[Top](#document1)