Source: EURLEX
Language: en
Format: md

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| 24.2.2007 | EN | Official Journal of the European Union | C 42/33 |

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Action brought on 15 December 2006 — Unicredito Italiano SpA v OHIM — Union Investment Privatfonds (1 Unicredit)

(Case T-398/06)

(2007/C 42/59)

Language in which the application was lodged: Italian

Parties

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

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

Other party to the proceedings before the OHIM Board of Appeal: Union Investment Privatfonds GmbH.

Form of order sought

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| — | Annul the contested decision. |

Pleas in law and main arguments

Applicant for a Community trade mark: Unicredito Italiano SpA

Community trade mark concerned: Figurative mark ‘1 Unicredit’, registration application No 2.055.069 for goods and services in Classes 9, 16, 35, 36, 38, 39, 41 and 42.

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

Mark or sign cited in opposition: German word marks ‘UNIFONDS’ (No 881.995) and ‘UNIRAK’ (No 991.997) and figurative mark ‘UNIZINS’ (No 2.016.954) for services in Class 36 (capital investment).

Decision of the Opposition Division: to allow the opposition.

Decision of the Board of Appeal: to dismiss the action.

Pleas in law: Misapplication of the theory of the extended protection of ‘serial marks’ as formulated by the Court of First Instance in Case T-194/03 Il Ponte Finanziaria v OHIM [2006] ECR II-0000 (Bainbridge).

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