I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2009/C 6/76)
Language of the case: English
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)
—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.
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.