Source: EURLEX
Language: en
Format: md

**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. |

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