Source: EURLEX
Language: en
Format: md

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| 16.3.2013 | EN | Official Journal of the European Union | C 79/15 |

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Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin)

(Case T-272/11)[(1)](#ntr1-C_2013079EN.01001502-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark Fitcoin - Earlier national, Community and international figurative marks coin - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 79/27

Language of the case: English

Parties

Applicant: Coin SpA (Venice, Italy) (represented by: P. Perani and G. Ghisletti, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Dynamiki Zoi AE (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 February 2011 (Case R 1836/2010-2), relating to opposition proceedings between Coin SpA and Dynamiki Zoi AE.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 February 2011 (Case R 1836/2010-2) in so far as it rejected the opposition as regards the ‘Clothing, including footwear and slippers’ in Class 25; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and to pay a third of the costs incurred by Coin SpA; |

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| 4. | Orders Coin to bear two-thirds of its own costs. |

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