Judgment of the Court of First Instance of 17 November 2009 — Apollo Group v OHIM (THINKING AHEAD)

(Case T-473/08) (1)

(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)  OJ C 6, 10.1.2009.