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