Action brought on 29 May 2007 - Ashoka v OHIM (DREAM IT, DO IT!)

(Case T-186/07)

Language of the case: English

Parties

Applicant: Ashoka (Arlington, United States) (represented by: A. Link and A. Jaeger-Lenz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 March 2007 (Case R 635/2006-1);

order OHIM to bear its own costs and to pay those incurred by the applicant.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'DREAM IT, DO IT!' for services in classes 35, 36, 41 and 45 - application No 3 844 792

Decision of the examiner: Refusal 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 trade mark applied for will be perceived by the relevant public as coming from a particular undertaking since it has not become customary in the current language or in the practices of trade as a designation of the services covered by it.

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