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:
2. | | Orders Boston Scientific Ltd to pay the costs. |