Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

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.

Izvješća Suda EU-a 2008 II-00174*

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





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.

Top