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Document C2007/170/67

    Case T-186/07: Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)

    SL 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.

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