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.
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