This document is an excerpt from the EUR-Lex website
Document C2007/082/74
Case T-353/04: Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON) (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)
Case T-353/04: Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON) (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)
Case T-353/04: Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON) (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)
SL C 82, 14.4.2007, p. 34–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
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14.4.2007 |
EN |
Official Journal of the European Union |
C 82/34 |
Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON)
(Case T-353/04) (1)
(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)
(2007/C 82/74)
Language of the case: English
Parties
Applicant: Ontex NV (Buggenhout, Belgium) (represented by: M. Du Tré, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Curon Medical Inc. (Sunnyvale, California, United States) (represented by: C. Algar and J. Cohen, solicitors, and T. Ludbrook, barrister)
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.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |