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 5July 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:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs. |