Source: EURLEX
Language: en
Format: md

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| 21.7.2007 | EN | Official Journal of the European Union | C 170/34 |

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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

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| — | 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); |

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| — | 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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