This document is an excerpt from the EUR-Lex website
Document C2007/170/67
Case T-186/07: Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)
Case T-186/07: Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)
Case T-186/07: Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)
IO C 170, 21.7.2007, p. 34–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.7.2007 |
EN |
Official Journal of the European Union |
C 170/34 |
Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)
(Case T-186/07)
(2007/C 170/67)
Language of the case: English
Parties
Applicant: Ashoka (Arlington, United States) (represented by: A. Link and A. Jaeger-Lenz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 March 2007 (Case R 635/2006-1); |
— |
order OHIM to bear its own costs and to pay those incurred by the applicant. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘DREAM IT, DO IT!’ for services in classes 35, 36, 41 and 45 — application No 3 844 792
Decision of the examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the trade mark applied for will be perceived by the relevant public as coming from a particular undertaking since it has not become customary in the current language or in the practices of trade as a designation of the services covered by it.