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Case T-311/08: Judgment of the Court of First Instance of 2 July 2009 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC) (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))
ECLI:EU:UNKNOWN:62008TA0311
62008TA0311
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15.8.2009
Official Journal of the European Union
C 193/21
(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))
2009/C 193/32
Language of the case: 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) (represented by: R. Bianchi, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Bernadette Nicole J. Loriot (Ibiza, Spain)
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 Paul Fitoussi and Bernadette Nicole J. Loriot
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Paul Fitoussi to pay the costs.
OJ C 272, of 25.10.2008.