CELEX: 62006TJ0325
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

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.