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Document C2007/042/54
Case T-392/06: Action brought on 20 December 2006 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)
Case T-392/06: Action brought on 20 December 2006 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)
Case T-392/06: Action brought on 20 December 2006 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)
SL C 42, 24.2.2007, p. 31–31
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
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.