Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 21 April 2010 – Coin v OHIM – Dynamiki Zoi (Fitcoin)**

**(Case T-249/08)**

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)

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 para. 26)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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