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Document 62004TJ0353

    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.

    European Court Reports 2007 II-00010*

    ECLI identifier: ECLI:EU:T:2007:47





    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.

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