Judgment of the General Court (Third Chamber) of 27 April 2010 – Union Investment Privatfonds v OHIM – Unicre-Cartão International De Crédito (unibanco)
(Case T-392/06)
Community trade mark – Opposition procedure – Application for the figurative Community mark unibanco – Prior national figurative marks UniFLEXIO, UniVARIO and UniZERO – Late production of documents – Discretion conferred by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009)
Community trade mark – Appeals procedure – Appeal brought against a decision of the Opposition Division of the Office – Examination by Board of Appeal – Scope – Evidence not submitted in support of the opposition within the prescribed time-limit (Council Regulation No 40/94, Art. 74(2)) (see paras 30-32)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 October 2006 (Case R 442/2004-2) concerning an opposition procedure between Union Investment Privatfonds GmbH and Unicre-Cartão International De Crédito, SA.
Information relating to the case
Applicant for the Community trade mark:
Unicre-Cartão International De Crédito, SA
Community trade mark sought:
Figurative mark unibanco for services in Classes 36 and 38 – Application No 1871896
Proprietor of the mark or sign cited in the opposition proceedings:
Union Investment Privatfonds GmbH
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:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Union Investment Privatfonds GmbH to pay the costs.
Full & Egal Universal Law Academy