CELEX: C2006/131/89
Language: en
Date: 2006-06-03 00:00:00
Title: Case T-118/06: Action brought on  12 April 2006  — Zuffa v OHIM

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