Judgment of the Court of First Instance of 24 January 2008 — Dorel Juvenile Group v OHIM (SAFETY 1ST)

(Case T-88/06) (1)

(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)

(2008/C 64/55)

Language of the case: English

Parties

Applicant: Dorel Juvenile Group, Inc. (Canton, United States of America) (represented by: G. Simon, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

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 1ST as a Community trade mark

Operative part of the judgment

The Court:

(1)  OJ C 108, 6.5.2006.