CELEX: C2006/108/50
Language: en
Date: 2006-05-06 00:00:00
Title: Case T-88/06: Action brought on  17 March 2006  v Dorel Juvenile Group/OHIM

6.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/28
            
         Action brought on 17 March 2006 v Dorel Juvenile Group/OHIM
   (Case T-88/06)
   (2006/C 108/50)
   Language of the case: English
   Parties
   
      Applicant: Dorel Juvenile Group, Inc. (Canton, USA) [represented by: Gesa Simon, lawyer]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of 11 January 2006 (Case R 616/2004-2) and
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘SAFETY 1ST’ for goods in classes 12, 20, 21 and 28 — application No 2 258 697
   
      Decision of the examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark applied for is not devoid of any distinctive character in respect of the goods applied for.