Action brought on 28 October 2008 - Apollo Group v OHIM (THINKING AHEAD)

(Case T-473/08)

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.

____________