Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 30.4.2004 | EN | Official Journal of the European Union | C 118/37 |

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 April 2004

in Joined Cases T-124/02 and T-156/02: The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004118EN.01003701-E0001)

(Community trade mark - Regulations (EC) Nos 40/94 and 2868/95 - Costs of the opposition proceedings - Partial withdrawal of the trade mark application - Withdrawal of opposition - Reimbursement of the appeal fees - Duty to state reasons)

(2004/C 118/78)

Language of the case: German

In Joined Cases T-124/02 and T-156/02: The Sunrider Corp., established in Torrance, California (United States of America), represented by A. Kockläuner, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other parties to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being Vitakraft-Werke Wührmann & Sohn, established in Bremen (Germany) in Case T-124/02 and Friesland Brands SV, established in Leeuwarden (the Netherlands) in Case T-156/02 - actions, in Case T-124/02, against the decision of the Second Board of Appeal of OHIM of 17 January 2002 (Case R-386/2000-2) relating to opposition proceedings between Vitakraft-Werke Wührmann & Sohn and The Sunrider Corp., and, in Case T-156/02, against the decision of the First Board of Appeal of OHIM of 21 February 2002 (Case R-34/2000-1) relating to opposition proceedings between Friesland Brands BV and The Sunrider Corp. - the Court of First Instance (Second Chamber), composed of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; B. Pastor, Assistant Registrar, for the Registrar, has given a judgment on 28 April 2004, in which it:

|  |  |
| --- | --- |
| 1. | Dismisses the actions; |

|  |  |
| --- | --- |
| 2. | Orders the applicant to pay the costs. |

---

[Top](#document1)