The European Court of Justice has given its ruling today in
Case 29/05 P Kaul v OHIM. In short, the ECJ has set aside both the Court of First Instance decision in Case T‑164/02 and annulled the decision of the Third Board of Appeal. The case arises from Kaul's appeal against Atlantic Richfield's application to register the word ARCOL which, it claimed, was likely to cause confusion with its earlier registration of CAPOL.
The IPKat will post further information and commentary later.
IPKat note on the Advocate General's Opinion
hereIPKat short note on CFI decision
here