CELEX: 62007TJ0186
Language: en
Date: 2008-07-02
Title: Judgment of the Court of First Instance (Fifth Chamber) of 2 July 2008. # Ashoka v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark DREAM IT, DO IT! - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-186/07.

Judgment of the Court of First Instance (Fifth Chamber) of 2 July 2008 – Ashoka v OHIM (DREAM IT, DO IT!)
      (Case T-186/07)
      Community trade mark – Application for Community word mark DREAM IT, DO IT! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
      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 37-38)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 15 March 2007 (Case R 635/2006-1) concerning the
                  registration of the word mark DREAM IT, DO IT! as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Ashoka
            
         
               Community trade mark sought:
            
            
               Word mark DREAM IT, DO IT! for services in Classes 35, 36, 41 and 45 – Application No 3844792
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ashoka to pay the costs.