Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/34 |

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Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON)

(Case T-353/04)[(1)](#ntr1-C_2007082EN.01003401-E0001)

(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)

(2007/C 82/74)

Language of the case: English

Parties

Applicant: Ontex NV (Buggenhout, Belgium) (represented by: M. Du Tré, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Curon Medical Inc. (Sunnyvale, California, United States) (represented by: C. Algar and J. Cohen, solicitors, and T. Ludbrook, barrister)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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