Judgment of the General Court of 21 April 2010 - Coin v OHIM - Dynamiki Zoi (Fitcoin)
(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))
Language of the case: English
Parties
Applicant: Coin SpA (Venice, Italy) (represented by: P. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (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 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.
Operative part of the judgment
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.
____________1 - OJ C 209, 15.8.2008.