CELEX: C2005/019/45
Language: en
Date: 2005-01-22 00:00:00
Title: 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) (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)

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/21
            
         
      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)
   
   (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:
   
               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);
            
         
               2.
            
            
               Orders OHIM to pay the costs.
            
         
      (1)  OJ C 180 of 27.2.2002.