Case T-164/02: Action brought on 24 May 2002 by Kaul GmbH against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical product, food preserving, trade-mark law

27.7.2002

EN

Official Journal of the European Communities

C 180/31

Action brought on 17 May 2002 by Naipes Heraclio
Fournier, S.A. against Office for the Harmonization of the
Internal Market (trade marks and designs) (OHIM)

(Case T-162/02)

(2002/C 180/53)

The applicant claims that the Court should:

— Annul the decision of the Third Board of Appeal of
4 March 2002 in Case R 782/2000-3 concerning the
opposition proceedings brought by the proprietor of the
Community trade mark No 49106 CAPOL against the
application for registration of the Community trade mark
No 000195370 ‘ARCOL’;

(Language of the case: Spanish)

— Order the defendant to pay the costs.

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in
Alava (Spain), represented by Enrique Armijo Chavarri.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the

OHIM of 28 February 2002;

— order the OHIM to pay the costs.

Pleas in law and main arguments

The Community trade
mark concerned:

Figurative mark depicting a ‘rey
de espadas’ (king of spades) —
mark
Registered
No 0000089961 for
goods
within Class 16 (playing cards)

trade

(See the information for Case T-160/02 Heraclio Fournier v
OHIM)

Action brought on 24 May 2002 by Kaul GmbH against
Office for the Harmonization of the Internal Market
(trade marks and designs) (OHIM)

(Case T-164/02)

(2002/C 180/54)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application was
drafted: German)

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
24 May 2002 by Kaul GmbH, whose registered office is in
Elmshorn (Germany), represented by G. Würtenberger and
R. Kunze, lawyers.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Atlantic Richfield Company (part
of Bayer Aktiengesellschaft)

The Community trade Word mark ‘ARCOL’ for goods in
Classes 1, 17 and 20 (including
mark concerned:
chemical
for pre-
substances
serving foodstuffs) — Application
No 195370

The applicant

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

Community trade mark ‘CAPOL’
for Class 1 (chemical substances
foodstuffs) —
for preserving
Registered under No 49106

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Grounds of claim:

Dismissal of the opposition

Dismissal of the applicant’s appeal

— The applicant was not infor-
med of the change of party
submitting the application
for registration of a Com-
munity trade mark

— under Regulation No 40/
94 (1),
is permissible to
put forward new facts in the
course of proceedings

it

— Error of assessment of the
likelihood of confusion pur-
suant to Article 8(1)(b) of
Regulation No 40/94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark.