Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/48 |

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Action brought on 12 April 2006 — Zuffa v OHIM

(Case T-118/06)

(2006/C 131/89)

Language of the case: English

Parties

Applicant: 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 30 January 2006 in Case R 931/2005-1 dismissing the appeal under Articles 7(1)(b) and 7(1)(c) CTMR 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 CHAMPIONSHIP’ for goods and services in classes 9, 16, 25, 28 and 41 — application No 2 789 568

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

Decision of the Board of Appeal: Annulment of the examiners decision, rejection of the trade mark applied for pursuant to Article 7(1)(b) and (c) of Council Regulation No 40/94 and remission of the case to the examiner for further examination pursuant to Article 7(3) of the Regulation

Pleas in law: The Board of Appeal erred in equating the words ULTIMATE FIGHTING to the identification of the name of a particular sport and in finding that their meaning was clear and unequivocal. The Board of Appeal therefore erred in holding the trade mark applied for descriptive and non-distinctive.

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