CELEX: C2007/235/35
Language: en
Date: 2007-10-06 00:00:00
Title: Case T-294/07: Action brought on 27 July 2007 — Stepek v OHIM — Masters Golf Company (GOLF-FASHION MASTERS THE CHOICE TO WIN)

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