Source: EURLEX
Language: en
Format: md

**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**

|  |  |
| --- | --- |
| 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. |

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