CELEX: C2004/118/78
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court of First Instance of 28 April 2004 in Joined Cases T-124/02 and T-156/02: The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulations (EC) Nos 40/94 and 2868/95 — Costs of the opposition proceedings — Partial withdrawal of the trade mark application — Withdrawal of opposition — Reimbursement of the appeal fees — Duty to state reasons)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/37
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 28 April 2004
   in Joined Cases T-124/02 and T-156/02: The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Regulations (EC) Nos 40/94 and 2868/95 - Costs of the opposition proceedings - Partial withdrawal of the trade mark application - Withdrawal of opposition - Reimbursement of the appeal fees - Duty to state reasons)
   (2004/C 118/78)
   Language of the case: German
   In Joined Cases T-124/02 and T-156/02: The Sunrider Corp., established in Torrance, California (United States of America), represented by A. Kockläuner, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other parties to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being Vitakraft-Werke Wührmann & Sohn, established in Bremen (Germany) in Case T-124/02 and Friesland Brands SV, established in Leeuwarden (the Netherlands) in Case T-156/02 - actions, in Case T-124/02, against the decision of the Second Board of Appeal of OHIM of 17 January 2002 (Case R-386/2000-2) relating to opposition proceedings between Vitakraft-Werke Wührmann & Sohn and The Sunrider Corp., and, in Case T-156/02, against the decision of the First Board of Appeal of OHIM of 21 February 2002 (Case R-34/2000-1) relating to opposition proceedings between Friesland Brands BV and The Sunrider Corp. - the Court of First Instance (Second Chamber), composed of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; B. Pastor, Assistant Registrar, for the Registrar, has given a judgment on 28 April 2004, in which it:
   
               1.
            
            
               Dismisses the actions;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 156 of 29.6.2002