Judgment of the General Court of 29 January 2013 - Fon Wireless v OHIM - nfon (nfon)
(Case T-283/11)
(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)
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.