CELEX: 62006TA0118
Language: en
Date: 2009-04-02 00:00:00
Title: Case T-118/06: Judgment of the Court of First Instance of 2 April 2009 — Zuffa v OHIM (ULTIMATE FIGHTING CHAMPIONSHIP) (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)

6.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/12
            
         Judgment of the Court of First Instance of 2 April 2009 — Zuffa v OHIM (ULTIMATE FIGHTING CHAMPIONSHIP)
   (Case T-118/06) (1)
   
   (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:
   
               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;
            
         
               2.
            
            
               Orders OHIM to pay the costs.
            
         
      (1)  OJ C 131, 3.6.2006.