CELEX: C2007/095/08
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-29/05 P: 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 (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)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/6
            
         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)
   
   (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)
   Operative part of the judgment
   The Court:
   
               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);
            
         
               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);
            
         
               3.
            
            
               Orders OHIM to pay the costs of the proceedings both at first instance and on appeal.
            
         
      (1)  OJ C 82, 2.4.2005.