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Case T-283/11: Action brought on 23 May 2011 — Fon Wireless v OHIM — nfon (nfon)
ECLI:EU:UNKNOWN:62011TN0283
62011TN0283
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4.2.2012
EN
Official Journal of the European Union
C 32/26
(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.