CELEX: 62006TJ0303
Community trade mark
Opposition proceedings
Applications for Community word marks UNIWEB and UniCredit Wealth Management
Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against two decisions of the Second Board of Appeal of OHIM of 5 September 2006 (Joined Cases R 196/2005-2
and R 211/2005-2) and of 25 September 2006 (Joined Cases R 456/2005-2 and R 502/2005-2), concerning opposition proceedings
between Union Investment Privatfonds GmbH and UniCredito Italiano SpA.
Information relating to the case
Applicant for the Community trade mark:
UniCredito Italiano SpA
Community trade mark sought:
Word mark UNIWEB for services in Classes 35, 36 and 42 – Application No 2236164 – and word mark UniCredit Wealth Management
for goods and services in Classes 16, 35, 36, 41 and 42 – Application No 2330066
Proprietor of the mark or sign cited in the opposition proceedings:
Union Investment Privatfonds GmbH
Mark or sign cited in opposition:
German word marks UNIFONDS (No 991995) and UNIRAK (No 991997) and German figurative mark UNIZINS (No 2016954), to distinguish
capital investments, as referred to in Class 36
Decision of the Opposition Division:
Opposition upheld in relation to some of the disputed services and dismissed in relation to others
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Orders that Cases T-303/06 and T-337/06 be joined for the purposes of the judgment;
2.
Annuls the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 5 September 2006 (Joined Cases R 196/2005-2 and R 211/2005-2) in so far as it dismisses the appeal by UniCredito
Italiano SpA in Case R 211/2005-2 by upholding the oppositions to the registration of the trade mark applied for, UNIWEB,
with regard to ‘Banking business; financial affairs; monetary affairs; insurance; financial and insurance consultancy and
information; credit/debit card services; banking and financial services via the Internet’ in Class 36;
3.
Annuls the Decision of the Second Board of Appeal of OHIM of 25 September 2006 (Joined Cases R 456/2005-2 and R 502/2005‑2)
in so far as it dismisses the appeal by UniCredito Italiano SpA in Case R 456/2005-2 by upholding the oppositions to the registration
of the trade mark applied for, UniCredit Wealth Management, with regard to ‘Banking business; financial affairs; monetary
affairs; assurance; financial information’ in Class 36;
4.
Dismisses the applications of Union Investment Privatfonds GmbH;
5.
Orders each party to bear its own costs.