Case T-402/07: Action brought on 6 November 2007 — Kaul v OHIM — Bayer (ARCOL)
Date: 2007-11-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical product, trade-mark law

12.1.2008

EN

Official Journal of the European Union

C 8/19

Action brought on 6 November 2007 — Kaul v OHIM —
Bayer (ARCOL)

(Case T-402/07)

(2008/C 8/34)

Language of the case: English

According to the applicant, the Board of Appeal failed to take
into account the obligations laid down in Articles 63(6) and 73
of the CTMR by disregarding the guidance provided by the
Court of Justice in Case C-29/05 P and by refusing to exercise
any discretion under Article 74(2) of the CTMR. Furthermore,
the applicant contends that the Board failed to state reasons on
which it based its decision.

Parties

Applicant: Kaul GmbH (Elmshorn, Germany) (represented by: G.
Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Action brought on 8 November 2007 — Union Nationale
de l'Apiculture Française and Others v Commission

(Case T-403/07)

(2008/C 8/35)

Other party to the proceedings before the Board of Appeal: Bayer AG
(Leverkusen, Germany)

Language of the case: French

Form of order sought

Parties

— The decision of the Second Board of Appeal of 1 August
2007 in Case R 782/2000-2, pertaining to the opposition
based on Community trade mark registration No 49 106
‘CAPOL’
application
No 195 370 ‘ARCOL’, be annulled;

against Community

trade mark

— the opposition against Community trade mark application

No 195 370 ‘ARCOL’, be granted;

Applicants: Union Nationale de l'Apiculture Française (Paris,
France), Deutscher Berufs- und Erwerbsimkerbund eV (Soltau,
Germany), Unione Nazionale Associazioni Apicoltori
Italiani
(Castel San Pietro Terme, Italy) and Asociación Galega de Apicul-
tura (Santiago de Compostela, Spain) (represented by: B. Fau,
lawyer)

— the defendant pay the costs of the proceedings.

Defendant: Commission of the European Communities

Pleas in law and main arguments

Applicant for the Community trade mark: Bayer AG

Community trade mark concerned: The Community word mark
‘ARCOL’
for goods in Classes 1, 17 and 20 — application
No 195 370

Proprietor of the mark or sign cited in the opposition proceedings:
Kaul GmbH

Mark or sign cited: The Community word mark ‘CAPOL’ for
goods in classes 1

Decision of the Opposition Division: Rejected the opposition in its
entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Articles 8(1)(b), 63(6), 73, and 74
of Council Regulation (EC) No 40/94(‘the CTMR’).

Form of order sought

The applicants claim that the Court should:

— declare

admissible

the

application for

annulment of

Commission Directive 2007/52/EC of 16 August 2007;

— annul Commission Directive 2007/52/EC of 16 August

2007;

— order the Commission to pay the costs.

Pleas in law and main arguments

By this action, the applicants are seeking the annulment of
Commission Directive 2007/52/EC of 16 August 2007,
amending Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant products on the market, to
include ethoprophos, pirimiphos-methyl and fipronil as active
substances (1).