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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 30 APRIL 2009
ECJ rejects SAFETY 1ST mark


The Order of the Court of Justice of the European Communities (Fifth Chamber) of 30 January 2009 in Case C-131/08 P Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market has been posted today on the Curia website. 


In short, this was an application to register as a Community trade mark the words SAFETY 1ST for goods in Classes 12 -- ‘Bicycles, car seats, car beds, folding convertible car seats, car booster seats, child carriers, namely, strollers and carriages’, 20 -- ‘Furniture, namely, juvenile high chairs, folding play yards for children, cribs, bassinets, toddler and youth beds, booster seats, bed rails, head boards, mattress for cribs, juvenile dressing tables, cradles and rocking chairs), 21 -- ‘Infant bath tubs, baby toilet trainers’) and 28 -- Play and exercise equipment for children, namely, doorway jumpers, floor bouncers, floor exercisers, swings, and child walker/jumpers’.

Unsurprisingly the Court agreed with the examiner, the Board of Appeal and the Court of First Instance in ruling that the mark was devoid of distinctive character.

Posted by: Blog Administrator @ 17.14
Tags: community trade mark, distinctiveness,
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