CELEX: 62010CJ0308
Appeal
Community trade mark
Opposition proceedings
Regulation (EC) No 40/94
Article 74(2)
Evidence not submitted in support of the opposition within the period prescribed for that purpose
Failure to take account thereof
Discretion of the Board of Appeal

Appeal brought against the judgment of the General Court (Third Chamber) of 27 April 2010 in Case T‑392/06
Union Investment Privatfonds
v
OHIM – Unicre-Cartão International De Crédito
, by which the General Court dismissed the action for annulment brought by the holder of the national figurative marks UniFLEXIO,
UniVARIO and UniZERO for goods and services in Classes 35 and 36 against the decision of the Second Board of Appeal of OHIM
of 10 October 2006 dismissing the appeal brought against the decision of the Opposition Division rejecting the appellant’s
opposition to registration of the Community figurative mark unibanco for goods in Classes 36 and 38 – Misinterpretation of
Article 74(2) of Regulation (EC) No 40/94 – Discretion of the Board of Appeal in respect of evidence not submitted in support
of the opposition within the period prescribed for that purpose.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Union Investment Privatfonds GmbH to pay the costs.