Source: EURLEX
Language: en
Format: md

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| 14.1.2006 | EN | Official Journal of the European Union | C 10/23 |

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Action brought on 14 October 2005 — Zuffa/OHIM

(Case T-379/05)

(2006/C 10/46)

Language of the case: English

Parties

Applicant(s): Zuffa, LLC (Las Vegas, USA) [represented by: S. Malynicz, Barrister, M. Blair, Solicitor]

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | The decision of the First Board of Appeal dated 8 August 2005 in Case R 24/2005-1 shall be annulled; |

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| — | the Office shall bear its own costs and pay those of the applicant. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘ULTIMATE FIGHTING’ for goods and services in classes 9, 16, 25, 28 and 41 — application No 2 766 590

Decision of the examiner: Refusal of the application in respect of all goods and services applied for

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The term ULTIMATE FIGHTING, taken as a whole, is not a generic or usual name in relation to all the claimed goods and services. The Board of Appeal failed to adequately analyse the whole mark in relation to all the goods and services applied for.

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