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.