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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.

ECLI:EU:T:2007:76

62005TJ0230

March 6, 2007
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(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:

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.

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