CELEX: C2006/010/46
Language: en
Date: 2006-01-14 00:00:00
Title: Case T-379/05: Action brought on  14 October 2005  — Zuffa/OHIM

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/23
            
         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
   
               —
            
            
               The decision of the First Board of Appeal dated 8 August 2005 in Case R 24/2005-1 shall be annulled;
            
         
               —
            
            
               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.