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Order of the Court of First Instance (Seventh Chamber) of 25 September 2008. # Wilhelm Stepek v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-294/07.
ECLI:EU:T:2008:405
62007TO0294
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(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:
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.