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Document 62005TJ0230
Judgment of the Court of First Instance (Second Chamber) of 6 March 2007. # Golf USA, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark GOLF USA - Absolute grounds for refusal - Descriptive character - Lack of distinctive character. # Case T-230/05.
Judgment of the Court of First Instance (Second Chamber) of 6 March 2007.
Golf USA, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark GOLF USA - Absolute grounds for refusal - Descriptive character - Lack of distinctive character.
Case T-230/05.
Judgment of the Court of First Instance (Second Chamber) of 6 March 2007.
Golf USA, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark GOLF USA - Absolute grounds for refusal - Descriptive character - Lack of distinctive character.
Case T-230/05.
European Court Reports 2007 II-00023*
ECLI identifier: ECLI:EU:T:2007:76
Judgment of the Court of First Instance (Second Chamber) of 6 March 2007 – Golf USA v OHIM (GOLF USA)
(Case T‑230/05)
Community trade mark – Application for a Community word mark GOLF USA – Absolute grounds for refusal – Descriptive character – Absence of distinctive character
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 32-33, 45, 49-50)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 April 2005 (Case R 823/2004‑2) refusing the application for registration of the word mark GOLF USA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Golf USA, Inc. |
|
Community trade mark sought: |
Word mark GOLF USA for goods and services in classes 25, 28 and 35 – Application No 3073715 |
|
Decision of the Examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders the applicant to pay the costs. |