Judgment of the Court of First Instance (Third Chamber) of 17 November 2009 – ApolloGroup 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 – Article7(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 R728/2008-2), 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. |