CELEX: C2007/042/54
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-392/06: Action brought on 20 December 2006 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/31
            
         Action brought on 20 December 2006 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)
   (Case T-392/06)
   (2007/C 42/54)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Union Investment Privatfonds GmbH (Frankfurt am Main, Germany) (represented by: H. Keller, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Unicre-Cartão International De Crédito, S.A.
   Form of order sought
   The Court is asked to:
   
               —
            
            
               annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market;
            
         
               —
            
            
               allow the oppositions against registration of the word/figurative mark ‘Unibanco’ on the basis of the UniFLEXIO, UniZERO and UniVARIO marks;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Unicre-Cartão International De Crédito, S.A.
   
      Community trade mark concerned: The figurative mark ‘unibanco’ for services in Classes 36 and 38 (application for registration No 1 871 896).
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      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: Rejection of the opposition.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of the applicant's procedural rights, since no regard was had to the evidence put forward by the applicant of the use of the marks with the ‘Uni’ element.