Language of document :

Order of the Court of First Instance of 4 June 2009 - UniCredit v OHIM - Union Investment Privatfonds (UniCredit)

(Case T-4/09) 1

(Community trade mark - Opposition - Withdrawal of Opposition - No need to adjudicate)

Language of the case: Italian

Parties

Applicant: UniCredit SpA (Rome, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Union Investment Privatfonds GmbH (Frankfurt, Germany) (represented by: J. Zindel, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 1449/2006-2) concerning opposition proceedings between UniCredit SpA and Union Investment Privatfonds GmbH.

Operative part of the order

1.    There is no need to adjudicate on the action.

2.    The applicant is ordered to bear its own costs and to pay those incurred by the defendant.

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1 - OJ C 55, 07.03.2009.