CELEX: 62011TN0283
Language: en
Date: 2011-05-23 00:00:00
Title: Case T-283/11: Action brought on 23 May 2011 — Fon Wireless v OHIM — nfon (nfon)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/26
            
         Action brought on 23 May 2011 — Fon Wireless v OHIM — nfon (nfon)
   (Case T-283/11)
   2012/C 32/54
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Fon Wireless Ltd (London, United Kingdom) (represented by: F. Brandolini Kujman, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: nfon AG (Munich, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               declare the action admissible, together with all of the relevant documents and copies;
            
         
               —
            
            
               declare the proposed evidence admissible;
            
         
               —
            
            
               accept that evidence, and annul and declare inapplicable the decision of the Fourth Board of Appeal of OHIM of 18 March 2011 in Case R 1017/2009-4 and, consequently, refuse the registration of Community trade mark No 6.206.321 ‘nfon’;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   Applicant for a Community trade mark: nfon AG.
   
      Community trade mark concerned: word mark ‘nfon’ for goods and services in Classes 9, 35 and 38.
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
   
      Mark or sign cited in opposition: Community and national figurative and word mark ‘fon’ for goods and services in Classes 9, 38 and 42.
   
      Decision of the Opposition Division: opposition upheld.
   
      Decision of the Board of Appeal: appeal upheld.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since the opposing marks are similar; and infringement of Article 8(5) of Regulation (EC) No 207/2009, since nfon AG claims to be taking advantage of the reputation acquired by the earlier marks.