CELEX: 62008TJ0473
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)

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
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.