Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 95/6 |

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Judgment of the Court (Grand Chamber) of 13 March 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Kaul GmbH, Bayer AG

(Case C-29/05 P)[(1)](#ntr1-C_2007095EN.01000601-E0001)

(Appeal - Community trade mark - Opposition proceedings - Submission of new facts and evidence in support of an appeal brought before the Board of Appeal of OHIM)

(2007/C 95/08)

Language of the case: German

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl and G. Schneider, Agents)

Other parties to the proceedings: Kaul GmbH (represented by: G. Würtenberger and R. Kunze, Rechtsanwälte), Bayer AG

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) of 10 November 2004 in Case T-164/02 Kaul v OHIM and Bayer, by which the Court of First Instance annulled Decision R 782/2000-3 of the Third Board of Appeal of OHIM of 4 March 2002 relating to opposition proceedings between Kaul GmbH and Bayer AG — Examination of the opposition — Examination of the facts by the Board of Appeal — Scope — Articles 43(2) and 74(2) of Council Regulation No 40/94 of 20 December 1993 on the Community trade mark ([OJ 1994 L 11, p. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:1994:011:TOC))

Operative part of the judgment

The Court:

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| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 10 November 2004 in Case T-164/02 Kaul v OHIM — Bayer (ARCOL); |

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| 2. | Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 March 2002 (Case R 782/2000-3); |

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| 3. | Orders OHIM to pay the costs of the proceedings both at first instance and on appeal. |

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