CELEX: 62010TJ0144
Community trade mark
Opposition proceedings
Application for Community figurative mark ‘SpS space of sound’
Earlier national and Community figurative marks ‘space ibiza’, ‘space DANCE BARCELONA’, ‘space DANCE MADRID’, ‘space DANCE VALENCIA’, ‘space DANCE MALLORCA’, ‘space DANCE EIVISSA’, ‘space SPACE IBIZA WORLD’, ‘space DANCE’ and earlier national word mark ‘SPACE VIVA’
Relative ground for refusal
No likelihood of confusion
No similarity between the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 766/2009-2) concerning
opposition proceedings between Space Beach Club, SA and Miguel Ángel Flores Gómez.
Information relating to the case
Applicant for the Community trade mark:
Miguel Ángel Flores Gómez
Community trade mark sought:
Figurative mark SPS space of sound for goods and services in Classes 9, 35 and 41 – Application No 5683693
Proprietor of the mark or sign cited in the opposition proceedings:
Space Beach Club, SA
Mark or sign cited in opposition:
Earlier national and Community figurative marks space Ibiza, space DANCE BARCELONA, space DANCE MADRID, space DANCE VALENCIA,
space DANCE MALLORCA, space DANCE EIVISSA, space SPACE IBIZA WORLD, space DANCE and earlier national word mark SPACE VIVA
for goods and services in Classes 9, 25 and 41
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 Space Beach Club, SA to pay the costs.