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Document 62008TJ0311

    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.

    European Court Reports 2009 II-00100*

    ECLI identifier: ECLI:EU:T:2009:244





    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.

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