Order of the Court (Fifth Chamber) of 30 January 2009 – Dorel Juvenile Group v OHIM
(Case C‑131/08 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(b) – Application for word mark SAFETY 1ST – Lack of distinctive character – Refusal of registration
Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 36)
Re:
| Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 24 January 2008 in Case T-88/06 | Dorel Juvenile Group | v | OHIM | , by which the Court dismissed an action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 January 2006 (Case R 616/2004-2), dismissing the appeal against the examiner’s decision which refused to register the word mark ‘SAFETY 1ST’ for goods in Classes 12, 20, 21 and 28 – Distinctive character of a trade mark – Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1). |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Dorel Juvenile Group, Inc. is ordered to pay the costs. |