Judgment of the Court of First Instance of 17 November 2009 - Apollo Group v OHIM (THINKING AHEAD)
(Community trade mark - Application for Community word mark THINKING AHEAD - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Apollo Group Inc. (Phoenix, Arizona, United States) (represented by: A. Link and A. Jaeger-Lenz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 14 August 2008 (Case R 728/2008-2), concerning an application for registration of the word sign THINKING AHEAD as a Community trade mark
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Apollo Group, Inc. to pay the costs.
____________1 - OJ C 6, 10.1.2009.