Judgment — ECLI:EU:T:2010:161
Date: 2010-04-27
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 20 December 2006 - Union Investment Privatfonds v OHIM - Unicre-Cartão International De Crédito (unibanco) (Case T-392/06) Language in which the application was lodged: German Parties Applicant: Union Investment Privatfonds GmbH (Frankfurt am Main, Germany) (represented by: H. Keller, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Unicre-Cartão International De Crédito, S.A. Form of order sought The Court is asked to: annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market; allow the oppositions against registration of the word/figurative mark 'Unibanco' on the basis of the UniFLEXIO, UniZERO and UniVARIO marks; order the defendant to pay the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: Unicre-Cartão International De Crédito, S.A. Community trade mark concerned: The figurative mark 'unibanco' for services in Classes 36 and 38 (application for registration No 1 871 896). Proprietor of the mark or sign cited in the opposition proceedings: The applicant. 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: Rejection of the opposition. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: Infringement of the applicant's procedural rights, since no regard was had to the evidence put forward by the applicant of the use of the marks with the 'Uni' element. ____________