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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.
ECLI:EU:T:2009:99
62005TJ0379
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(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:
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: