Judgment of the Court of First Instance (Third Chamber) of 2 April 2009 – Zuffa v OHIM (ULTIMATE FIGHTING)

(Case T-379/05)

Community trade mark – Application for the Community word mark ULTIMATE FIGHTING – Absolute ground for refusal – Lack of distinctive character – Duty to state reasons – Articles 7(1)(b) and 73 of Regulation (EC) No 40/94

Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see paras 15-17)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 8 August 2005 (Case R 24/2005-1) concerning registration of the word sign ULTIMATE FIGHTING as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Zuffa, LLC
Community trade mark sought:	Word mark ULTIMATE FIGHTING for goods and services in respect of Classes 9, 16, 25, 28 and 41 – Application No 2766590
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 August 2005 (Case R 24/2005-1);

2. Orders OHIM to pay the costs.