CELEX: 62008TN0473
Language: en
Date: 2008-10-28 00:00:00
Title: Case T-473/08: Action brought on 28 October 2008 — Apollo Group v OHIM (THINKING AHEAD)

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