CELEX: 62007TJ0343
Language: en
Date: 2009-03-25
Title: 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.

Judgment of the Court of First Instance (Sixth Chamber) of 25 March 2009 – allsafe Jungfalk v OHIM (ALLSAFE)
      (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:
            
            
               allsafe Jungfalk GmbH & Co. KG
            
         
               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.