CELEX: 62004TJ0353
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

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
Applicant for the Community trade mark:
Curon Medical, Inc.
Community trade mark sought:
Word mark CURON for goods in Classes 10, 41 and 42 – Application No 1934868
Proprietor of the mark or sign cited in the opposition proceedings:
Ontex NV
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
Decision of the Opposition Division:
Application for registration dismissed
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:

Dismisses the action;

Orders the applicant to pay the costs.