Action brought on 12 April 2006 - Zuffa v OHIM

(Case T-118/06)

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.

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