CELEX: 62006TJ0088
Language: en
Date: 2008-01-24
Title: Judgment of the General Court (Fifth Chamber) of 24 January 2008.#Dorel Juvenile Group, Inc. v European Union Intellectual Property Office.#Case T-88/06.

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.