ECLI:EU:T:2008:338

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: 1. Dismisses the action; 2. Orders Boston Scientific Ltd to pay the costs.