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Document C2007/095/08
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)
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)
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)
OJ C 95, 28.4.2007, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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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); |
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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); |
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3. |
Orders OHIM to pay the costs of the proceedings both at first instance and on appeal. |