# C_2008209EN.01006301.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/63 |
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15.8.2008

EN

Official Journal of the European Union

C 209/63

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Action brought on 24 June 2008 — Coin v OHIM — Dynamiki Zoi (FITCOIN)

(Case T-249/08)

(2008/C 209/112)

Language in which the application was lodged: English

Parties

Applicant: Coin SpA (Mestre, Venezia, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Dynamiki Zoi Anonymi Etairia (Peristeri, Greece)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 April 2008 in case R 1429/2007-1; |
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Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 April 2008 in case R 1429/2007-1;

| — | Reject Community trade mark No 3 725 298 ‘FITCOIN’; and |
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Reject Community trade mark No 3 725 298 ‘FITCOIN’; and

| — | Order the other parties to pay the costs, including those of the OHIM opposition and appeal proceedings. |
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Order the other parties to pay the costs, including those of the OHIM opposition and appeal proceedings.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the Community trade mark:

Community trade mark concerned: The word mark ‘FITCOIN’ for goods and services in classes 16, 25, 28, 35, 36 and 41 — application No 3 725 298

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The Italian trade mark ‘coin’ registration No 160 126 for goods in class 25; the Italian trade mark ‘coin’ registration No 253 233 for goods and services in classes 16, 25, 28, 35, 36 and 41; the Italian trade mark ‘coin’ registration No 240 305 for goods and services in classes 16, 25, 28, 35, 36 and 41; the Italian trade mark ‘coin’ registration No 169 548 for goods and services in classes 16, 25, 28, 35, 36 and 41, extended to Benelux, France, Hungary, Austria and Portugal; the Italian trade mark ‘coin’ registration No 240 286 for goods and services in class 25, extended to Benelux, France, Hungary and Austria; Community trade mark ‘coin’ registration No 109 827 for goods and services in classes 16, 25, 28, 35; international trade mark ‘coin’ registration No R 381 015 for goods and services in classes 16, 25, 28, 35, 36 and 41, extended to Benelux, Germany, Spain, France, Hungary, Austria, Portugal and Slovenia.

Mark or sign cited:

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8 of Council Regulation No 40/94 as the trade marks concerned are visually and phonetically similar and the goods and services covered by the trade marks concerned are identical; infringement of Article 8 of Council Regulation No 40/94 as the use of the trade mark applied for is likely to cause confusion.

Pleas in law:

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