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).

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.