Source: EURLEX
Language: en
Format: md

**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. |

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