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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
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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.