CELEX: 62009CB0193
Language: en
Date: 2010-03-04 00:00:00
Title: Case C-193/09 P: Order of the Court (Eighth Chamber) of 4 March 2010 — Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Bayer AG (Appeal — Application for registration of Community word mark ARCOL — Opposition by proprietor of Community word mark CAPOL — Implementation by OHIM of a judgment annulling a decision of its Boards of Appeal — Right to be heard — Likelihood of confusion — Minimal degree of similarity of the marks required — Rejection for manifest irrelevance of new evidence adduced before the Board of Appeal — Articles 8(1)(b), 61(2), 63(6), 73, second sentence, and 74(2) of Regulation No 40/94)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/18
            
         Order of the Court (Eighth Chamber) of 4 March 2010 — Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Bayer AG
   (Case C-193/09 P) (1)
   
   (Appeal - Application for registration of Community word mark ARCOL - Opposition by proprietor of Community word mark CAPOL - Implementation by OHIM of a judgment annulling a decision of its Boards of Appeal - Right to be heard - Likelihood of confusion - Minimal degree of similarity of the marks required - Rejection for manifest irrelevance of new evidence adduced before the Board of Appeal - Articles 8(1)(b), 61(2), 63(6), 73, second sentence, and 74(2) of Regulation No 40/94)
   2010/C 234/27
   Language of the case: English
   
      Parties
   
   
      Appellant: Kaul GmbH (represented by: R. Kunze, Rechtsanwalt and Solicitor)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Bayer AG
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 25 March 2009 in Case T-402/07 Kaul GmbH v OHIM by which the Court of First Instance dismissed an action for annulment brought by the proprietor of the Community word mark ‘CAPOL’ for goods in Class 1 against Decision R 782/2000-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 August 2007, dismissing for the second time the appeal brought against the decision of the Opposition Division which rejected the opposition brought against the application for registration of the Community word mark ‘ARCOL’ for goods in Classes 1, 17 and 20, following the annulment in Case C-29/05 P OHIM v Kaul of the Third Board of Appeal’s initial decision to reject the opposition
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Kaul GmbH shall pay the costs.
            
         
      (1)  OJ C 193, 15.8.2009.