Jointed Cases T-303/06 and T-337/06: Judgment of the General Court of 27 April 2010 — UniCredito Italiano v OHIM — Union Investment Privatfonds (UNIWEB) (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))
Date: 2010-04-27
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), credit institution, investment company, private investment, trade-mark law








C_2010161EN.01003801.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/38






Judgment of the General Court of 27 April 2010 — UniCredito Italiano v OHIM — Union Investment Privatfonds (UNIWEB)
(Jointed Cases T-303/06 and T-337/06) (1)

(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))
(2010/C 161/57)
Language of the case: Italian

Parties


Applicant: UniCredito Italiano SpA (Genoa, Italy) (represented by: G. Floridia, R. Floridia and F. Polettini, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Union Investment Privatfonds GmbH (Frankfurt am Main, Germany) (represented by: J. Zindel, lawyer)

Re:

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.

Operative part of the judgment

The Court:






1.


Orders that Cases T-303/06 and T-337/06 shall 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.






(1)  OJ C 326, 30.12.2006.