CELEX: 62008TN0311
Language: en
Date: 2008-08-05 00:00:00
Title: Case T-311/08: Action brought on 5 August 2008 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC)

25.10.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 272/32
            
         Action brought on 5 August 2008 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC)
   (Case T-311/08)
   (2008/C 272/59)
   Language in which the application was lodged: French
   Parties
   
      Applicant: Paul Fitoussi (Vincennes, France) (represented by: K. Manhaeve, T. van Innis and G. Glas, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Bernadette Nicole J. Loriot (Ibiza, Spain)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 7 May 2008 in Case R 1135/2007-2;
            
         
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               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Bernadette Nicole J. Loriot
   
      Community trade mark concerned: Figurative mark ‘IBIZA REPUBLIC’ for goods in Classes 25, 41 and 43 — application No 3 868 072
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      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: Dismissal of the opposition
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Breach of Article 8(1)(b) of Council Regulation No 40/94 in as much as i) the earlier mark consists of a representation of a five-pointed star surrounded by a circle and not only a star; ii) the earlier mark is an intrinsically strong mark and not a mark with little distinctive character; and iii) the graphic element of the earlier mark dominates the word element and not vice versa.