Action brought on 31 October 2011 - Unipol Banca v OHIM - Union Investment Privatfonds (unicard)

(Case T -574/11)

Language in which the application was lodged: Italian

Parties

Applicant: Unipol Banca SpA (Bologna, Italy) (represented by: P. Costa and P. Creta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Union Investment Privatfonds GmbH (Frankfut am Main, Germany)

Form of order sought

Annul the decision of 13 July 2011 of the Second Board of Appeal of OHIM in Case R 0597/2010-2 brought on 14 April 2010 by Union Investment Privatfonds GmbH and, accordingly

Grant Community trade mark application No 005240080 filed on 18 July 2006 concerning the sign unicard also in respect of the services referred to in Class 36 of the Nice Agreement.

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Unipol Banca SpA

Community trade mark concerned: Figurative mark 'unicard' (application for registration No 5.240.080) for services in Class 36

Proprietor of the mark or sign cited in the opposition proceedings: Union Investment Privatfonds GmbH

Mark or sign cited in opposition: German word marks 'UNIFONDS' (No 991.995), 'UNIGLOBAL' (No 991.996) and 'UniGarant' (No 301 38 306.5) for services in Class 36

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the application for registration of the mark in question

Pleas in law: Misapplication and misinterpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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