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Document 62011TA0272
Case T-272/11: Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin) (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)
Case T-272/11: Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin) (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)
Case T-272/11: Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin) (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)
SL C 79, 16.3.2013, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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16.3.2013 |
EN |
Official Journal of the European Union |
C 79/15 |
Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin)
(Case T-272/11) (1)
(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)
2013/C 79/27
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:
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1. |
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; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders OHIM to bear its own costs and to pay a third of the costs incurred by Coin SpA; |
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4. |
Orders Coin to bear two-thirds of its own costs. |