Choose the experimental features you want to try

This document is an excerpt from the EUR-Lex website

Document 62011TA0283

Case T-283/11: Judgment of the General Court of 29 January 2013 — Fon Wireless v OHIM — nfon (nfon) (Community trade mark — Opposition proceedings — Application for Community word mark nfon — Earlier Community trade mark fon and earlier national word mark FON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for alteration)

OJ C 71, 9.3.2013, p. 17–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

9.3.2013   

EN

Official Journal of the European Union

C 71/17


Judgment of the General Court of 29 January 2013 — Fon Wireless v OHIM — nfon (nfon)

(Case T-283/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark nfon - Earlier Community trade mark fon and earlier national word mark FON - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Application for alteration)

2013/C 71/26

Language of the case: German

Parties

Applicant: Fon Wireless Ltd (London, United Kingdom) (represented initially by F. Brandolini Kujman, and then by L. Montoya Terán, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: nfon AG (Munich, Germany) (represented by: S. Schweyer, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 March 2011 (Case R 1017/2009-4), relating to opposition proceedings between Fon Wireless Ltd and nfon AG.

Operative part of the judgment

The Court:

1.

alters the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 March 2011 (Case R 1017/2009-4) to the effect that the action brought by nfon AG before the Board of Appeal is dismissed;

2.

orders OHIM to bear its own costs and those incurred by Fon Wireless Ltd;

3.

orders nfon to bear its own costs.


(1)  OJ C 32, 4.2.2012.


Top