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Jointed Cases T-303/06 and T-337/06: Judgment of the General Court of 27 April 2010 — UniCredito Italiano v OHIM — Union Investment Privatfonds (UNIWEB) (Community trade mark — Opposition proceedings — Applications for Community word marks UNIWEB and UniCredit Wealth Management — Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62006TA0303
62006TA0303
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Valentina R., lawyer
19.6.2010
Official Journal of the European Union
C 161/38
(Jointed Cases T-303/06 and T-337/06) (*)
(Community trade mark - Opposition proceedings - Applications for Community word marks UNIWEB and UniCredit Wealth Management - Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
(2010/C 161/57)
Language of the case: Italian
Parties
Applicant: UniCredito Italiano SpA (Genoa, Italy) (represented by: G. Floridia, R. Floridia and F. Polettini, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Union Investment Privatfonds GmbH (Frankfurt am Main, Germany) (represented by: J. Zindel, lawyer)
Re:
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.Orders that Cases T-303/06 and T-337/06 shall be joined for the purposes of the judgment;
2.Annuls the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2006 (Joined Cases R 196/2005-2 and R 211/2005-2) in so far as it dismisses the appeal by UniCredito Italiano SpA in Case R 211/2005-2 by upholding the oppositions to the registration of the trade mark applied for, UNIWEB, with regard to ‘Banking business; financial affairs; monetary affairs; insurance; financial and insurance consultancy and information; credit/debit card services; banking and financial services via the Internet’ in Class 36;
3.Annuls the Decision of the Second Board of Appeal of OHIM of 25 September 2006 (Joined Cases R 456/2005-2 and R 502/2005-2) in so far as it dismisses the appeal by UniCredito Italiano SpA in Case R 456/2005-2 by upholding the oppositions to the registration of the trade mark applied for, UniCredit Wealth Management, with regard to ‘Banking business; financial affairs; monetary affairs; assurance; financial information’ in Class 36;
4.Dismisses the applications of Union Investment Privatfonds GmbH;
5.Orders each party to bear its own costs.
(*) Language of the case: Italian.