CELEX: 62008TJ0249
Language: en
Date: 2010-04-21 00:00:00
Title: Judgment of the General Court (First Chamber) of 21 April 2010. # Coin SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-249/08.

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.