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Document 62007TJ0186

    Judgment of the Court of First Instance (Fifth Chamber) of 2 July 2008.
    Ashoka v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark DREAM IT, DO IT! - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
    Case T-186/07.

    European Court Reports 2008 II-00109*

    ECLI identifier: ECLI:EU:T:2008:244





    Judgment of the Court of First Instance (Fifth Chamber) of 2 July 2008 – Ashoka v OHIM (DREAM IT, DO IT!)

    (Case T-186/07)

    Community trade mark – Application for Community word mark DREAM IT, DO IT! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

    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 37-38)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 15 March 2007 (Case R 635/2006-1) concerning the registration of the word mark DREAM IT, DO IT! as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Ashoka

    Community trade mark sought:

    Word mark DREAM IT, DO IT! for services in Classes 35, 36, 41 and 45 – Application No 3844792

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Ashoka to pay the costs.

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