CELEX: 62006TJ0325
Language: en
Date: 2008-09-10
Title: Judgment of the Court of First Instance (Eighth Chamber) of 10 September 2008. # Boston Scientific Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-325/06.

Judgment of the Court of First Instance (Eighth Chamber) of 10 September 2008 – Boston Scientific v OHIM – Terumo (CAPIO)
      (Case T-325/06)
      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
      1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition (Council Regulation No
            40/94, Art. 43(2) and (3)) (see paras 28-34)
      2.                     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 – Likelihood
            of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 99-102)
      Re:
      
         
               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.