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.