Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 17 November 2009 – Apollo Group 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 – Article 7(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 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. |

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