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Case T-118/06: 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)
ECLI:EU:UNKNOWN:62006TA0118
62006TA0118
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Official Journal of the European Union
C 129/12
(Case T-118/06)
(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)
2009/C 129/20
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:
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 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;
2.Orders OHIM to pay the costs.
* * *
(<span class="super">1</span>) OJ C 131, 3.6.2006.