CELEX: C2007/170/67
Language: en
Date: 2007-07-21 00:00:00
Title: Case T-186/07: Action brought on 29 May 2007 — Ashoka v OHIM (DREAM IT, DO IT!)

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