Action brought on 17 March 2006 v Dorel Juvenile Group/OHIM

(Case T-88/06)

Language of the case: English

Parties

Applicant: Dorel Juvenile Group, Inc. (Canton, USA) [represented by: Gesa Simon, lawyer]

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Second Board of Appeal of 11 January 2006 (Case R 616/2004-2) and

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "SAFETY 1ST" for goods in classes 12, 20, 21 and 28 - application No 2 258 697

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark applied for is not devoid of any distinctive character in respect of the goods applied for.

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