Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/19 |

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Action brought on 27 July 2007 — Stepek v OHIM — Masters Golf Company (GOLF-FASHION MASTERS THE CHOICE TO WIN)

(Case T-294/07)

(2007/C 235/35)

Language in which the application was lodged: German

Parties

Applicant: Wilhelm Stepek (Stadl-Paura, Austria) (represented by: H. Heigl, W. Berger and G. Lehner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: The Masters Golf Company Ltd.

Form of order sought

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| — | acknowledgement that the First Board of Appeal of the Office for Harmonisation in the Internal Market was wrong to adopt the decision of 23 May 2007 in Case R 95/2007-1; |

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| — | annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 May 2007 in Case R 95/2007-1; |

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| — | an order that The Masters Golf Company Ltd pays the applicant the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Wilhelm Stepek.

Community trade mark concerned: The figurative mark ‘GOLF-FASHION MASTERS THE CHOICE TO WIN’ for goods in Classes 3, 9, 12, 18, 24, 25 and 28 (application No 3 136 041).

Proprietor of the mark or sign cited in the opposition proceedings: The Masters Golf Company Ltd.

Mark or sign cited in opposition: The national figurative mark ‘The Masters’ for goods in Class 25 and the figurative mark ‘The Masters GOLF COMPANY’ (Community trade mark No 1 582 535) for goods in Classes 12, 25 and 28.

Decision of the Opposition Division: Opposition upheld and application for registration in respect of goods in Classes 12, 25 and 28 rejected.

Decision of the Board of Appeal: Termination of proceedings and declaration that the appeal is inadmissible.

Pleas in law: The applicant claims that the finding that the appeal is inadmissible is unlawful and seeks an award of costs against The Masters Golf Company Ltd.

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