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)
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:
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;
Orders OHIM to pay the costs.
____________1 - OJ C 131, 3. 6. 2006.