Notice for the OJ

 

Judgment of the Court of First Instance of 10 November 2004 in Case T-164/02: Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Opposition proceedings - Application for Community word mark ARCOL - Earlier Community word mark CAPOL - Scope of the assessment conducted by the Board of Appeal - Assessment of evidence adduced before the Board of Appeal)

    (Language of the case: German)

In Case T-164/02: Kaul GmbH, established in Elmshorn (Germany), represented by G. Würtenberger and R. Kunze, lawyers, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneider) the other party to the proceedings before the OHIM Board of Appeal having been Bayer AG, established in Leverkusen (Germany), - action brought against the decision of the Third Board of Appeal of OHIM of 4 March 2002 (Case R 782/2000-3), relating to opposition proceedings between Kaul GmbH and Bayer AG ( the Court of First Instance (Fourth Chamber), composed of H. Legal, President, M. Vilaras and I. Wiszniewska-Białecka, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 10 November 2004, in which it:

Annuls the decision of 4 March 2002 (Case R 782/2000-3) of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

Orders OHIM to pay the costs.

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¹ - OJ C 180 of 27.2.2002.