Source: EURLEX
Language: en
Format: md

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| 19.6.2010 | EN | Official Journal of the European Union | C 161/38 |

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Judgment of the General Court of 27 April 2010 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)

(Case T-392/06) [(1)](#ntr1-C_2010161EN.01003802-E0001)

(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))

(2010/C 161/58)

Language of the case: German

Parties

Applicant: Union Investment Privatfonds GmbH (Frankfurt-am-Main, Germany) (represented by: H. Keller, later by J. Zindel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Unicre-Cartão International De Crédito S.A. (Lisbon, Portugal)

Re:

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 S.A.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Union Investment Privatfonds GmbH to pay the costs. |

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