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Case T-590/14: Judgment of the General Court of 12 May 2016 — Zuffa v EUIPO (ULTIMATE FIGHTING CHAMPIONSHIP) (EU trade mark — Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Distinctive character acquired through use — Obligation to state reasons — Relevant public — Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0590
62014TA0590
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27.6.2016
Official Journal of the European Union
C 232/11
(Case T-590/14)(1)
((EU trade mark - Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP - Absolute grounds for refusal - Lack of distinctive character - Descriptiveness - Distinctive character acquired through use - Obligation to state reasons - Relevant public - Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009))
(2016/C 232/13)
Language of the case: English
Parties
Applicant: Zuffa, LLC (Las Vegas, Nevada, United States) (represented by: S. Malynicz, Barrister, and K. Gilbert and C. Balme, Solicitors)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: P. Bullock, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 19 May 2014 (Case R 1425/2013-2), regarding an application for registration of the sign ULTIMATE FIGHTING CHAMPIONSHIP as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 May 2014 (Case R 1425/2013-2) in so far as it dismisses the appeal of Zuffa, LLC as regards the following goods and services:
—‘pre-recorded audio cassettes; phonograph records; compact discs; pre-recorded video cassettes; laser video discs; digital video discs; digital versatile discs; electronic storage media; USB flashdrives; CD-ROM discs all featuring mixed martial arts competitions, events and programs; motion picture films in the field of mixed martial arts’ in Class 9;
—‘provision of information relating to mixed martial arts via communication and computer networks; providing news and information in the fields of sports, fitness and mixed martial arts via communication and computer networks’ in Class 41;
2.Dismisses the present action as to the remainder;
3.Orders Zuffa, LLC and EUIPO to bear their own costs.
*
OJ C 351, 6.10.2014.