Source: EURLEX
Language: en
Format: md

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| 10.1.2009 | EN | Official Journal of the European Union | C 6/38 |

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Action brought on 28 October 2008 — Apollo Group v OHIM (THINKING AHEAD)

(Case T-473/08)

(2009/C 6/76)

Language of the case: English

Parties

Applicant(s): Apollo Group, Inc. (Phoenix, United States) (represented by A. Jaeger-Lenz and A. Link, 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 Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 August 2008 in case R 728/2008-2, and |

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| --- | --- |
| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘THINKING AHEAD’ for goods and services in classes 9, 16 and 41

Decision of the examiner: Partial rejection 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 Board of Appeal erred in its finding that the trade mark concerned is devoid of any distinctive character.

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