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Document 62006TJ0325

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.

European Court Reports 2008 II-00174*

ECLI identifier: ECLI:EU:T:2008:338

Date of document:
10/09/2008
Date lodged:
24/11/2006
Author:
General Court
Country or organisation from which the request originates:
United Kingdom
Form:
Judgment
Authentic language:
English
Type of procedure:
Action for annulment - unfounded
Applicant:
Individual
Defendant:
EU institutions and bodies, European Union Intellectual Property Office
Judge-Rapporteur:
Martins Ribeiro
Treaty:
Treaty establishing the European Economic Community
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Instruments cited in case law:





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.

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