CELEX: C2007/082/74
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-353/04: Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON) (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)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/34
            
         Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON)
   (Case T-353/04) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 273, 6.11.2004.