Community trade mark Opposition proceedings Relative ground for refusal Genuine use of the mark Likelihood of confusion Article 8(1)(b) of Regulation No 40/94 Application for Community word mark CAPIO Earlier national word mark CAPIOX Article 43(1) and (2) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 10 September 2008.
Boston Scientific Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark CAPIO - Earlier national word mark CAPIOX - Relative ground for refusal - Genuine use of the mark - Article 43(1) and (2) of Regulation (EC) No 40/94 - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94.
Case T-325/06.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 10 September 2008 – Boston Scientific v OHIM – Terumo (CAPIO)
(Case T-325/06)
Community trade mark – Opposition proceedings – Application for Community word mark CAPIO – Earlier national word mark CAPIOX – Relative ground for refusal – Genuine use of the mark – Article 43(1) and (2) of Regulation (EC) No 40/94 – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94
1. Community trade mark – Observations of third parties and opposition – Examination of the opposition (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 28-34)
2. 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 99-102)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 September 2006 (Case R 61/2006-2), relating to opposition proceedings between Terumo Kabushiki Kaisha and Boston Scientific Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Boston Scientific Ltd |
|
Community trade mark sought: |
Word mark CAPIO for goods in Class 10 – Application No 2554434 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Terumo Kabushiki Kaisha |
|
Mark or sign cited in opposition: |
National word mark CAPIOX for goods in Class 10 |
|
Decision of the Opposition Division: |
Opposition dismissed in its entirety |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Boston Scientific Ltd to pay the costs. |