CELEX: 62004TJ0353
Language: en
Date: 2007-02-13 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 13 February 2007. # Ontex NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-353/04.

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.