Order — ECLI:EU:T:2008:405
Date: 2008-09-25
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Costs
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Austria

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.