Community trade mark Absolute ground for refusal Lack of distinctive character Duty to state reasons Application for the Community word mark ULTIMATE FIGHTING Articles 7(1)(b) and 73 of Regulation (EC) No 40/94
Sumário
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.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 2 April 2009 – Zuffa v OHIM (ULTIMATE FIGHTING)
(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: |
Zuffa, LLC |
|
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:
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 8 August 2005 (Case R 24/2005-1);
2. Orders OHIM to pay the costs.