CELEX: 62008TJ0311
Community trade mark
Opposition proceedings
Application for figurative Community trade mark IBIZA REPUBLIC
Earlier figurative national mark depicting a five-pointed star in a circle
Absolute ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of 7 May 2008 of OHIM’s Second Board of Appeal (Case R 1135/2007-2) relating to opposition
proceedings between Mr Paul Fitoussi and Ms Bernadette Nicole J. Loriot.
Information relating to the case
Applicant for the Community trade mark:
Bernadettte Nicole J. Loriot
Community trade mark sought:
Figurative mark ‘IBIZA REPUBLIC’ for goods in Classes 25, 41 and 43 – Application No 3868072
Proprietor of the mark or sign cited in the opposition proceedings:
Paul Fitoussi
Mark or sign cited in opposition:
National figurative mark in the form of a five-pointed star surrounded by a circle, for goods in Class 25
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders Mr Paul Fitoussi to pay the costs.