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Case C-193/13 P: Order of the Court (Sixth Chamber) of 16 January 2014 — nfon AG v Fon Wireless Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark including the word element ‘nfon’ — Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON — Rejection of the opposition by the Board of Appeal of OHIM)
ECLI:EU:UNKNOWN:62013CB0193
62013CB0193
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Official Journal of the European Union
C 112/19
(Case C-193/13 P) (<span class="super">1</span>)
((Appeal - Community trade mark - Regulation (EC) No 40/94 - Figurative mark including the word element ‘nfon’ - Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON - Rejection of the opposition by the Board of Appeal of OHIM))
2014/C 112/23
Language of the case: German
Parties
Appellant: nfon AG (represented by: V. von Bomhard, Rechtsanwältin)
Other parties to the proceedings: Fon Wireless Ltd (represented by: L Montoya Terán, abogada; Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 29 January 2013 in Case T-283/11 Fon Wireless v OHIM — Nfon (Nfon), by which the General Court altered 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 nfon AG’s appeal to the Board of Appeal is dismissed — Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Operative part of the order
1.The appeal is dismissed.
2.nfon AG shall bear its own costs and pay those incurred by Fon Wireless AG.
3.The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.
(<span class="super">1</span>) OJ C 189, 29.6.2013.