Community trade mark Lack of distinctive character Absolute grounds for refusal Descriptive character Application for the Community word mark GOLF USA
Sumário
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.
Texto da decisão
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
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Applicant for the Community trade mark: |
Golf USA, Inc. |
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Community trade mark sought: |
Word mark GOLF USA for goods and services in classes 25, 28 and 35 – Application No 3073715 |
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Decision of the Examiner: |
Registration refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs. |