CELEX: 62006TJ0392
Language: en
Date: 2010-04-27
Title: Judgment of the General Court (Third Chamber) of 27 April 2010. # Union Investment Privatfonds GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-392/06.

Judgment of the General Court (Third Chamber) of 27 April 2010 – Union Investment Privatfonds v OHIM – Unicre-Cartão International
            De Crédito (unibanco)
      (Case T-392/06)
      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)
      Community trade mark – Appeals procedure – Appeal brought against a decision of the Opposition Division of the Office – Examination by Board of Appeal – Scope – Evidence not submitted in support of the opposition within the prescribed time-limit (Council Regulation No 40/94, Art. 74(2))
         (see paras 30-32)
      
      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, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Unicre-Cartão International De Crédito, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark unibanco for services in Classes 36 and 38 – Application No 1871896
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Union Investment Privatfonds GmbH
            
         
               Mark or sign cited in opposition:
            
            
               German figurative marks UniFLEXIO and UniVARIO for services in Classes 35 and 36; German figurative mark UniZERO for services
                  in Class 36
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Union Investment Privatfonds GmbH to pay the costs.