CELEX: 62005TJ0379
Language: en
Date: 2009-04-02
Title: Judgment of the Court of First Instance (Third Chamber) of 2 April 2009. # Zuffa, LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark ULTIMATE FIGHTING - Absolute ground for refusal - Lack of distinctive character - Duty to state reasons - Articles 7(1)(b) and 73 of Regulation (EC) No 40/94. # Case T-379/05.

Judgment of the Court of First Instance (Third Chamber) of 2 April 2009 – Zuffa v OHIM (ULTIMATE FIGHTING)
      (Case T-379/05)
      Community trade mark – Application for the Community word mark ULTIMATE FIGHTING – Absolute ground for refusal – Lack of distinctive character – Duty to state reasons – Articles 7(1)(b) and 73 of Regulation (EC) No 40/94
      Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see paras 15-17)
      Re: 
      ACTION brought against the decision of the First Board of Appeal of OHIM of 8 August 2005 (Case R 24/2005-1) concerning registration
         of the word sign ULTIMATE FIGHTING as a Community trade mark.
      
      Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Zuffa, LLC
            
         
               Community trade mark sought:
            
            
               Word mark ULTIMATE FIGHTING for goods and services in respect of Classes 9, 16, 25, 28 and 41 – Application No 2766590
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      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 8 August 2005 (Case R 24/2005-1);
      
      2.      Orders OHIM to pay the costs.