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Document 62006TJ0088

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.

European Court Reports 2008 II-00010*

ECLI identifier: ECLI:EU:T:2008:15





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.

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