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

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Apollo Group, Inc. to pay the costs.