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Document C2006/326/161

    Case T-337/06: Action brought on 28 November 2006 — UniCredito Italiano v OHIM –Union Investment Privatfonds (UniCredit Wealth Management)

    SL C 326, 30.12.2006, p. 79–80 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    Date of document:
    30/12/2006; Uvodna izjava
    Author:
    Sud prvog stupnja
    Form:
    Pravosudna informacija

    30.12.2006   

    EN

    Official Journal of the European Union

    C 326/79

    Action brought on 28 November 2006 — UniCredito Italiano v OHIM –Union Investment Privatfonds (UniCredit Wealth Management)

    (Case T-337/06)

    (2006/C 326/161)

    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 Board of Appeal of OHIM: Union Investment Privatfonds GmbH

    Form of order sought

    —

    annulment of the contested decision

    Pleas in law and main arguments

    Applicant for a Community trade mark: UniCredito Italiano

    Community trade mark concerned: Word mark ‘UniCredit Wealth Management’ (registration application No 2.330.066) for goods and services in Classes 16, 35, 36, 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 991.995) 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: Opposition allowed in part in so far as there was held to be a likelihood of confusion as regards capital investments

    Decision of the Board of Appeal: to dismiss the action

    Pleas in law: Misapplication of the theory of the extended protection of what are known as 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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