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.
Full & Egal Universal Law Academy