Judgment of the General Court of 1 February 2013 - Coin v OHIM - Dynamiki Zoi (Fitcoin)
(Case T-272/11)
(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)
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:
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;
Dismisses the action as to the remainder;
Orders OHIM to bear its own costs and to pay a third of the costs incurred by Coin SpA;
Orders Coin to bear two-thirds of its own costs.
____________1 - OJ C 226, 30.7.2011.