Judgment of the Court of First Instance of 10 September 2008 - Boston Scientific Ltd v OHIM - Terumo (CAPIO)
(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)
Language of the case: English
Parties
Applicant: Boston Scientific Ltd (Hastings, Barbados) (represented by: P. Rath and W. Festl-Wietek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM and intervener before the Court of First Instance: Terumo Kabushiki Kaisha (Tokyo, Japan) (represented by: C. Bercial Arias, lawyer)
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.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Boston Scientific Ltd to pay the costs.
____________1 - OJ C 326, 30.12.2006.