Judgment — ECLI:EU:T:2008:244
Date: 2008-07-02
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded

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