Source: EURLEX
Language: en
Format: md

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| 22.1.2005 | EN | Official Journal of the European Union | C 19/21 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

in Case T-164/02: Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005019EN.01002101-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark ARCOL - Earlier Community word mark CAPOL - Scope of the assessment conducted by the Board of Appeal - Assessment of evidence adduced before the Board of Appeal)

(2005/C 19/45)

Language of the case: German

In Case T-164/02: Kaul GmbH, established in Elmshorn (Germany), represented by G. Würtenberger and R. Kunze, lawyers, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneider) the other party to the proceedings before the OHIM Board of Appeal having been Bayer AG, established in Leverkusen (Germany), – action brought against the decision of the Third Board of Appeal of OHIM of 4 March 2002 (Case R 782/2000-3), relating to opposition proceedings between Kaul GmbH and Bayer AG – the Court of First Instance (Fourth Chamber), composed of H. Legal, President, M. Vilaras and I. Wiszniewska-Białecka, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 10 November 2004, in which it:

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| 1. | Annuls the decision of 4 March 2002 (Case R 782/2000-3) of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

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| 2. | Orders OHIM to pay the costs. |

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