CELEX: 62008TJ0311
Language: en
Date: 2009-07-02 00:00:00
Title: Judgment of the Court of First Instance (Sixth Chamber) of 2 July 2009. # Paul Fitoussi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-311/08.

Judgment of the Court of First Instance (Sixth Chamber) of 2 July 2009 – Fitoussi v OHIM – Loriot (IBIZA REPUBLIC)
      (Case T-311/08)
      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)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 25, 35, 48, 57-58)
      
      Re:
      
         
               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.