CELEX: C2002/180/53
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-162/02: Action brought on 17 May 2002 by Naipes Heraclio Fournier, S.A. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

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
                         (2002/C 180/53)                                        application for registration of the Community trade mark
                                                                                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 pre-
                                                                                                         serving 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 oppo-
                                                                          sition 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 Com-
                                                                                                              munity 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 pur-
                                                                                                              suant 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.