Case T-4/09: Action brought on 5 January 2009 — UniCredit v OHIM — Union Investment Privatfonds (UniCredit)
Date: 2009-01-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), investment, provision of services, trade-mark law

C 55/46

EN

Official Journal of the European Union

7.3.2009

Form of order sought

— Annul the Commission Decision of 21 October 2008 on
State aid C 20/2008 (ex N 62/2008) which Italy is planning
to implement through a modification of scheme N 59/2004
concerning a temporary defensive mechanism to ship-
building, registered as number C(2008)6015 final, notified
to the Italian Republic on 22 October 2008 by note of
22 October 2008 No SG-Greffe (2008) D/206436.

Pleas in law and main arguments

The decision contested in the present case is the same as that
contested in Case T-584/08 Cantiere Navale De Poli v Commission.

The pleas in law and main arguments are similar to those put
forward in that case.

or

sign

Mark
‘UniSECTOR’,
in Classes 35 and 36.

cited

opposition: German word marks
‘UniDynamicFonds’ and ‘UniGarant’, for services

in

Decision of the Opposition Division: Opposition upheld in respect
of the services in Class 36.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC)
No 40/94 on the Community trade mark. The applicant argues
that the contested decision did not take account of the powers
of perception of the public at which the services covered are
directed or of the non-existent or minimal distinctiveness of the
prefix ‘Uni’.

Action brought on 5 January 2009 — UniCredit v OHIM
— Union Investment Privatfonds (UniCredit)

(Case T-4/09)

(2009/C 55/82)

Appeal brought on 15 January 2009 by Luigi Marcuccio
against the order of the Civil Service Tribunal delivered on
F-133/06 Marcuccio v
4 November 2008 in Case

Commission

(Case T-9/09 P)

(2009/C 55/83)

Language in which the application was lodged: Italian

Language of the case: Italian

Parties

Parties

Applicant: UniCredit SpA (Rome,
Floridia, lawyer, and R. Floridia, lawyer)

Italy)

(represented by: G.

Appellant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by G.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings: Commission of
Communities

the European

Other party to the proceedings before the Board of Appeal of OHIM:
Union Investment Privatfonds GmbH (Frankfurt am Main,
Germany)

Form of order sought

— Annul the decision of the Second Board of Appeal of OHIM
delivered on 3 November 2008 in Case R 1449/2006-2,
relating to opposition proceedings No B 699.746.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Multi-coloured figurative mark
‘1 UniCredit’ (the number one being 45° inclined to the right
and impressed on the spherical
logo) (registration application
No 2.911.105), for goods and services in Classes 9, 16, 35, 36,
38, 39, 41 and 42.

Form of order sought by the appellant

— In every case

(A.1) set aside in its entirety and without exception the

order under appeal;

(A.2) declare the action at first instance to be admissible in

full.

— As a primary remedy:

(B.1) uphold in their entirety and without exception the
appellant's pleas in law set out in the application at
first instance;

(B.2) order

the respondent

to pay the appellant's costs
relating to this appeal and to the proceedings at first
instance;

— or, in the alternative:

Proprietor of the mark or sign cited in the opposition proceedings:
Union Investment Privatfonds GmbH.

(B.3) refer the case back to the Civil Service Tribunal, sitting

in a different formation, for a fresh decision.