CELEX: 62008TJ0249
Community trade mark
Opposition proceedings
Application for the Community word mark 'Fitcoin'
Earlier national, international and Community figurative marks 'coin'
Relative ground for refusal
Relevant public
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 April 2008 (Case R 1429/2007‑1), relating to
opposition proceedings between Coin SpA and Dynamiki Zoi AE.
Information relating to the case
Applicant for the Community trade mark:
Dynamiki Zoi AE
Community trade mark sought:
Word mark Fitcoin for goods and services in Classes 16, 25, 28, 35, 36 and 41 – Application No 3725298
Proprietor of the mark or sign cited in the opposition proceedings:
Coin SpA
Mark or sign cited in opposition:
Italian trade mark coin, Registration No 160126, for goods in Class 25; Italian trade mark coin, Registration No 253233, for
goods and services in Classes 16, 25, 28, 35, 36 and 41; Italian trade mark coin, Registration No 240305, for goods and services
in Classes 16, 25, 28, 35, 36 and 41; Italian trade mark coin, Registration No 169548, for goods and services in Classes 16,
25, 28, 35, 36 and 41, extended to Benelux, France, Hungary, Austria and Portugal; Italian trade mark coin, Registration No
240286, for goods and services in Class 25, extended to Benelux, France, Hungary and Austria; Community trade mark coin, Registration
No 109827, for goods and services in Classes 16, 25, 28 and 35; international trade mark coin, Registration No R 381015, for
goods and services in Classes 16, 25, 28, 35, 36 and 41, extended to Benelux, Germany, Spain, France, Hungary, Austria, Portugal
and Slovenia
Decision of the Opposition Division:
Opposition dismissed in its entirety
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 15 April 2008 (Case R 1429/2007‑1);
2.
Orders OHIM to pay the costs.