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Case T-473/08: 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))
ECLI:EU:UNKNOWN:62008TA0473
62008TA0473
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Official Journal of the European Union
(Case T-473/08) (<span class="super">1</span>)
(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))
2010/C 11/51
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.
* * *
(<span class="super">1</span>) OJ C 6, 10.1.2009.