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.