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Document 62007TO0294
Order of the Court of First Instance (Seventh Chamber) of 25 September 2008. # Wilhelm Stepek v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark ‘GOLF-FASHION MASTERS THE CHOICE TO WIN’ - Earlier national figurative mark ‘The Masters GOLF COMPANY’ - Withdrawal of appeal brought before the Board of Appeal - Costs incurred before the Board of Appeal. # Case T-294/07.
Order of the Court of First Instance (Seventh Chamber) of 25 September 2008.
Wilhelm Stepek v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark ‘GOLF-FASHION MASTERS THE CHOICE TO WIN’ - Earlier national figurative mark ‘The Masters GOLF COMPANY’ - Withdrawal of appeal brought before the Board of Appeal - Costs incurred before the Board of Appeal.
Case T-294/07.
Order of the Court of First Instance (Seventh Chamber) of 25 September 2008.
Wilhelm Stepek v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark ‘GOLF-FASHION MASTERS THE CHOICE TO WIN’ - Earlier national figurative mark ‘The Masters GOLF COMPANY’ - Withdrawal of appeal brought before the Board of Appeal - Costs incurred before the Board of Appeal.
Case T-294/07.
European Court Reports 2008 II-00202*
ECLI identifier: ECLI:EU:T:2008:405
Order of the Court of First Instance (Seventh Chamber) of 25 September 2008 – Stepek v OHIM – Masters Golf Company (GOLF-FASHION MASTERS THE CHOICE TO WIN)
(Case T-294/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark ‘GOLF-FASHION MASTERS THE CHOICE TO WIN’ – Earlier national figurative mark ‘The Masters GOLF COMPANY’ – Withdrawal of appeal brought before the Board of Appeal – Costs incurred before the Board of Appeal
Community trade mark – Procedural provisions – Allocation of costs (Council Regulation No 40/94, Arts 81(3) and (6), and 89(1); Commission Regulation No 2868/95, Art. 1, Rule 94(3) and (7)(d)(vi)) (see paras 29-35)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2007 (Case R 95/2007‑1) concerning opposition proceedings between The Masters Golf Company Ltd and Mr Wilhelm Stepek. |
Information relating to the case
|
Applicant for the Community trade mark: |
Wilhelm Stepek |
|
Community trade mark sought: |
Figurative mark GOLF-FASHION MASTERS THE CHOICE TO WIN for goods in Classes 3, 9, 12, 18, 24, 25 and 28 – Application No 3136041 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
The Masters Golf Company Ltd |
|
Mark or sign cited in opposition: |
National figurative mark The Masters for goods in Class 25 and figurative mark The Masters GOLF COMPANY (Community mark No 1582535) for goods in Classes 12, 25 and 28 |
|
Decision of the Opposition Division: |
Opposition upheld and application dismissed for goods in Classes 12, 25 and 28 |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mr Wilhelm Stepek to pay the costs. |