CELEX: 62011TA0283
Language: en
Date: 2013-01-29 00:00:00
Title: 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)

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.