(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 5 July 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:

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:

Dismisses the action;

Orders the applicant to pay the costs.