Boston Scientific v OHMI-Terumo (CAPIO)

IDENTIFIER
62006TJ0325 | ECLI:EU:T:2008:338
LANGUAGE
English
ORIGIN
BRB
COURT
Court of First Instance
AG OPINION
NO
REFERENCES MADE
28
REFERENCED
38
SECTOR
European Community (EEC/EC)
DOCUMENT TYPE
Judgment

Judgment







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.


Citations

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