Community trade mark Opposition proceedings Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark CURON Opposition by the proprietor of the Community word mark EURON
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 13 February 2007.
Ontex NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark CURON - Opposition by the proprietor of the Community word mark EURON - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-353/04.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 13 February 2007 – Ontex v OHIM – Curon Medical (CURON)
(Case T-353/04)
Community trade mark – Opposition proceedings – Application for the Community word mark CURON – Opposition by the proprietor of the Community word mark EURON – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 100)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2004 (Case R 22/2004-2), relating to opposition proceedings between Ontex NV and Curon Medical, Inc. |
Information relating to the case
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Applicant for the Community trade mark: |
Curon Medical, Inc. |
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Community trade mark sought: |
Word mark CURON for goods in Classes 10, 41 and 42 – Application No 1934868 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Ontex NV |
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Mark or sign cited in opposition: |
Community word mark EURON for goods in Classes 5, 10, 16, 24 and 25 – Community trade mark No 762351 |
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Decision of the Opposition Division: |
Application for registration dismissed |
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Decision of the Board of Appeal: |
Annulment of the decision of the Opposition Division and reference back to the Opposition Division for a new decision |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs. |