CELEX: 62005TJ0230
Language: en
Date: 2007-03-06 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 6 March 2007. # Golf USA, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark GOLF USA - Absolute grounds for refusal - Descriptive character - Lack of distinctive character. # Case T-230/05.

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.