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Case C-317/10 P: Judgment of the Court (Fourth Chamber) of 16 June 2011 — Union Investment Privatfonds GmbH v UniCredito Italiano SpA, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word marks UNIWEB and UniCredit Wealth Management — Opposition by the proprietor of the national word marks UNIFONDS and UNIRAK and of the national figurative mark UNIZINS — Assessment of the likelihood of confusion — Likelihood of association — Series or family of trade marks)
ECLI:EU:UNKNOWN:62010CA0317
62010CA0317
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Official Journal of the European Union
C 232/9
(Case C-317/10 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks UNIWEB and UniCredit Wealth Management - Opposition by the proprietor of the national word marks UNIFONDS and UNIRAK and of the national figurative mark UNIZINS - Assessment of the likelihood of confusion - Likelihood of association - Series or family of trade marks)
(2011/C 232/15)
Language of the case: Italian
Parties
Appellant: Union Investment Privatfonds GmbH (represented by: J. Zindel and C. Schmid, Rechtsanwälte)
Other parties to the proceedings: UniCredito Italiano SpA (represented by: G. Floridia, avvocato), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) delivered on 27 April 2010 in Joined Cases T-303/06 and T-337/06 UniCredito Italiano v OHIM — Union Investment Privatfonds, by which that court dismissed the claims of Union Investment Privatfonds GmbH in the context of the 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
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 27 April 2010 in Joined Cases T-303/06 and T-337/06 UniCredito Italiano v OHIM — Union Investment Privatfonds (UNIWEB).
2.Refers the case back to the General Court of the European Union.
3.Orders that the costs be reserved.
(<span class="oj-super">1</span>) OJ C 146, 11.9.2010.