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)
Sumário
Judgment of the General Court (Third Chamber) of 27 April 2010.
Union Investment Privatfonds GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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).
Case T-392/06.
Texto da decisão
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. |