Judgment of the General Court of 27 April 2010 - UniCredito Italiano v OHIM - Union Investment Privatfonds (UNIWEB)
(Jointed Cases T-303/06 and T-337/06) 1 (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))
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.
____________1 - OJ C 326, 30.12.2006.