CELEX: 62005TJ0379
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

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.