Judgment — ECLI:EU:T:2007:76
Date: 2007-03-06
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded

Notice for the OJ Action brought on 24 June 2005 by Golf USA Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case T-230/05) Language of the case: English An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 24 June 2005 by Golf USA Inc., established in Oklahoma City, Oklahoma, USA, represented by A.H. de Bosch Kemper-de Hilster, lawyer, with an address for service in Luxembourg. The applicant claims that the Court should: - annul the contested decision of the Second Board of Appeal of the OHIM of 25 April 2005 in Case R 823/2004-2 (GOLF-USA); - order the defendant to bear the costs. Pleas in law and main arguments Community trade mark concerned:Word mark GOLF USA for goods and services in classes 25 (sports, leisure shoes, outer clothes etc.), 28 (sport articles including golf clubs) and 35 (commercial retailing services of sport articles) Decision of the examiner:Refuses the application in total Decision of the Board of Appeal:Dismisses the appeal Pleas in law:Violation of Article 7 (1) (b) and (c) of Council Regulation No. 40/94. ____________