An application to register DREAM IT! DO IT! as a European Community wide trademark has been rejectedby the CFI on the basis that it lacks distinctive character under Article 7(1)(b) of the Community Trade Mark Regulation (40/94/EC).
The CFI upheld the Board of Appeal’s finding that the mark for assisting individuals with the exchange of “socially-progressive” and “pattern-changing” ideas, educational publishing services and social services did not serve as an indication of the commercial origin of the relevant services and was merely a simple promotional / advertising message. The court ruled that addressing a consumer with an invitation or encouraging him / her to fulfil their aspirations was entirely conceivable in the context of the services covered by the mark and the relevant services could help consumers to realise their aspirations.
Case: Ashoka v OHIM, Case T-186/07, 2 July 2008.
The case emphasizes the importance of distinctiveness rather than descriptiveness.
