Source: EURLEX
Language: en
Format: md

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| 6.6.2009 | EN | Official Journal of the European Union | C 129/12 |

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Judgment of the Court of First Instance of 2 April 2009 — Zuffa v OHIM (ULTIMATE FIGHTING CHAMPIONSHIP)

(Case T-118/06)[(1)](#ntr1-C_2009129EN.01001202-E0001)

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

2009/C 129/20

Language of the case: English

Parties

Applicant: Zuffa, LLC (Las Vegas, Nevada, United States) (represented by: S. Malynicz, Barrister, M. Blair and C. Balme, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 931/2005-1) concerning registration of the word sign ULTIMATE FIGHTING CHAMPIONSHIP as a Community trade mark.

Operative part of the judgment

The Court:

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| 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 30 January 2006 (Case R 931/2005-1) in so far as it dismisses the appeal brought by Zuffa, LLC, on the basis of Article 7(1)(b) and (c) of Council Regulation (EC) N0 40/94 of 20 December 1993 on the Community trade mark; |

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| 2. | Orders OHIM to pay the costs. |

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