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Case T-325/06: 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)
ECLI:EU:UNKNOWN:62006TA0325
62006TA0325
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Official Journal of the European Union
C 272/23
(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)
(2008/C 272/43)
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.
* * *
(<span class="super">1</span>) OJ C 326, 30.12.2006.