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Document 62005TJ0379

    Judgment of the Court of First Instance (Third Chamber) of 2 April 2009.
    Zuffa, LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    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.
    Case T-379/05.

    Thuarascálacha na Cúirte Eorpaí 2009 II-00037*

    ECLI identifier: ECLI:EU:T:2009:99





    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.

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