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Document 62008TJ0473

    Judgment of the Court of First Instance (Third Chamber) of 17 November 2009.
    Apollo Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark THINKING AHEAD - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
    Case T-473/08.

    European Court Reports 2009 II-00215*

    ECLI identifier: ECLI:EU:T:2009:442





    Judgment of the Court of First Instance (Third Chamber) of 17 November 2009 – Apollo Group v OHIM (THINKING AHEAD)

    (Case T-473/08)

    Community trade mark – Application for Community word mark THINKING AHEAD – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29, 37)

    Re:

    ACTION against the decision of the Second Board of Appeal of OHIM of 14 August 2008 (Case R 728/2008-2), concerning an application for registration of the word sign THINKING AHEAD as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Apollo Group, Inc.

    Community trade mark sought:

    Word mark THINKING AHEAD for goods in Classes 9, 16 and 41

    Decision of the Examiner:

    Application partially rejected

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Apollo Group, Inc. to pay the costs.

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