Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 27 April 2010 – UniCredito Italiano v OHIM – Union Investment Privatfonds
(UNIWEB and UniCredit Wealth Management)**

**(Cases T-303/06 and T-337/06)**

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)

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48-49)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | UniCredito Italiano SpA |
| Community trade mark sought: | Word mark UNIWEB for services in Classes 35, 36 and 42 – Application No 2236164 – and word mark UniCredit Wealth Management for goods and services in Classes 16, 35, 36, 41 and 42 – Application No 2330066 |
| 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 991995) and UNIRAK (No 991997) and German figurative mark UNIZINS (No 2016954), to distinguish capital investments, as referred to in Class 36 |
| Decision of the Opposition Division: | Opposition upheld in relation to some of the disputed services and dismissed in relation to others |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Orders that Cases T-303/06 and T-337/06 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. |

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