Judgment of the Court of First Instance (Sixth Chamber) of 25 March 2009 – allsafe Jungfalk v OHIM (ALLSAFE)

(Case T-343/07)

Community trade mark – Application for the Community word mark ALLSAFE – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 25, 27, 37, 40)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 July 2007 (Case R 454/2006-4) concerning the registration of the word sign ALLSAFE as a community trade mark.

Information relating to the case

Applicant for the Community trade mark:	allsafe Jungfalk GmbH & Co. KG
Community trade mark sought:	Word mark ALLSAFE for goods and services in Classes 6, 12, 22, 35, 39 and 42 – Application No 2940534
Decision of the Examiner :	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Ordres allsafe Jungfalk GmbH & Co. KG to pay the costs.