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Nfun in General Court
In Case T-283/11, nfon AG (Germany) had applied for registration of the word mark NFON for goods and services in Classes 9 and 38 which was opposed by Fon Wireless (UK) on the basis of earlier marks registered in classes 9, 38 and 42 namely the figurative CTM represented on the right and the earlier UK mark FON.
The relevant public is composed both of the average and the professional consumer in the telecommunications sector.
The goods and services are highly similar regarding Class 9 and identical for Class 38 services. OHIM held that this comparison was however counterbalanced by the low degree of similarity between the signs, in particular taking into account the weak character of the signs which will be easily understood by the consumer as referring to a “telephone” or its well-known abbreviation “phone”, except for the Finnish consumer.
The GC annulled the contested decision because it found, contrary to the BoA, that the signs were highly similar from a visual and aural point of view even if the earlier signs have a weak distinctive character.
Fun article on Love and Trademarks "Made in Alicante"
Tags: General Court, likelihood of confusion, nfon, fon,
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