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Document 62008TN0311

    Case T-311/08: Action brought on 5 August 2008 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC)

    SL C 272, 25.10.2008, p. 32–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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;

    —

    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.

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