CELEX: 62008TJ0473
Language: en
Date: 2009-11-17
Title: Judgment of the Court of First Instance (Third Chamber) of 17 November 2009. # Apollo Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-473/08.

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.