Judgment of the Court of First Instance (Second Chamber) of 6March 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 25April 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:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs. |