(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

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:

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:

1.Dismisses the action;

2.Orders Boston Scientific Ltd to pay the costs.