CELEX: 62006TJ0392
Community trade mark
Opposition procedure
Application for the figurative Community mark unibanco
Prior national figurative marks UniFLEXIO, UniVARIO and UniZERO
Late production of documents
Discretion conferred by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 October 2006 (Case R 442/2004-2) concerning
an opposition procedure between Union Investment Privatfonds GmbH and Unicre-Cartão International De Crédito, SA.
Information relating to the case
Applicant for the Community trade mark:
Unicre-Cartão International De Crédito, SA
Community trade mark sought:
Figurative mark unibanco for services in Classes 36 and 38 – Application No 1871896
Proprietor of the mark or sign cited in the opposition proceedings:
Union Investment Privatfonds GmbH
Mark or sign cited in opposition:
German figurative marks UniFLEXIO and UniVARIO for services in Classes 35 and 36; German figurative mark UniZERO for services
in Class 36
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Union Investment Privatfonds GmbH to pay the costs.