Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
23 September 2003
in Case T-308/01: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1) (Community trade mark ( Regulation (EC) No 40/94 and Regulation (EC) No 2868/95 ( Opposition procedure ( Genuine use of earlier mark ( Scope of the examination conducted by the Board of Appeal (
Assessment of the evidence produced in the procedure before the Opposition Division)
(Language of the case: English)
In Case T-308/01, Henkel KGaA, established in Düsseldorf (Germany), represented by C. Osterrieth, lawyer, with an address for service in Luxembourg, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: O. Waelbroeck), the other party to the proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being: LHS (UK) Ltd, established in Cheadle Hulme (United Kingdom): Appeal against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2001 (Case R-738/2000-3) concerning opposition proceedings between Henkel KGaA and LHS (UK) Ltd, the Court of First Instance (Second Chamber), composed of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 23 September 2003, in which it:
1.Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2001 (Case R-738/2000-3);
2.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
____________1 - OJ C 68 of 16.3.2002