ECLI:EU:T:2007:47

Judgment of the Court of First Instance (Fifth Chamber) of 13 February 2007 – Ontex v OHIM – Curon Medical (CURON) (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: Ontex NV 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.