Source: EURLEX
Language: en
Format: md

27.7.2002 EN Official Journal of the European Communities C 180/31

**Action brought on 17 May 2002 by Naipes Heraclio** The applicant claims that the Court should:
**Fournier, S.A. against Office for the Harmonization of the**
**Internal Market (trade marks and designs) (OHIM)** — Annul the decision of the Third Board of Appeal of
4 March 2002 in Case R 782/2000-3 concerning the
**(Case T-162/02)** opposition proceedings brought by the proprietor of the
Community trade mark No 49106 CAPOL against the
application for registration of the Community trade mark
(2002/C 180/53)
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
_Pleas in law and main arguments_
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. Applicant for the Com- Atlantic Richfield Company (part
munity trade mark: of Bayer Aktiengesellschaft)

The applicant claims that the Court should:
The Community trade Word mark ‘ARCOL’ for goods in
— annul the decision of the Second Board of Appeal of the mark concerned: Classes 1, 17 and 20 (including
OHIM of 28 February 2002; chemical substances for preserving foodstuffs) — Application
— order the OHIM to pay the costs. No 195370

Proprietor of the right to The applicant
the trade mark or sign
_Pleas in law and main arguments_
asserted by way of opposition in the opposition
The Community trade Figurative mark depicting a ‘rey proceedings:
mark concerned: de espadas’ (king of spades) —
Registered trade mark Trade mark or sign Community trade mark ‘CAPOL’
No 0000089961 for goods asserted by way of oppo- for Class 1 (chemical substances
within Class 16 (playing cards) sition in the opposition for preserving foodstuffs) —
proceedings: Registered under No 49106
(See the information for Case T-160/02 Heraclio Fournier v
OHIM) Decision of the Oppo- Dismissal of the opposition
sition Division:

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

Grounds of claim: — The applicant was not infor**Action brought on 24 May 2002 by Kaul GmbH against** med of the change of party
**Office for the Harmonization of the Internal Market** submitting the application
**(trade marks and designs) (OHIM)** for registration of a Community trade mark
**(Case T-164/02)** —
under Regulation No 40/
94 ( [1] ), it is permissible to
(2002/C 180/54)
put forward new facts in the
course of proceedings
_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — Language in which the application was_ — Error of assessment of the
_drafted: German)_ likelihood of confusion pursuant to Article 8(1)(b) of
Regulation No 40/94.

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
the Court of First Instance of the European Communities on
Community trade mark.
24 May 2002 by Kaul GmbH, whose registered office is in
Elmshorn (Germany), represented by G. Würtenberger and
R. Kunze, lawyers.