Judgment — ECLI:EU:T:2009:99
Date: 2009-04-02
Language of the case: English
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Statement of reasons
Procedure: Action for annulment - successful

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.