CELEX: 62006TJ0412
Community trade mark
Opposition proceedings
Application for Community figurative mark Vitro
Earlier Community word mark VITRAL
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 October 2006 (Case R 1364/2005-2) concerning
opposition proceedings between VKR Holding A/S and Vitro Corporativo, SA de CV.
Information relating to the case
Applicant for the Community trade mark:
Vitro Corporativo, SA de CV
Community trade mark sought:
Figurative mark Vitro for goods and services in Classes 1, 7, 8, 9, 11, 12, 16, 17, 19, 20, 21, 22, 27, 30, 35, 39, 40, 41,
42 and 43 – Application No 2669521
Proprietor of the mark or sign cited in the opposition proceedings:
VKR Holding A/S
Mark or sign cited in opposition:
Danish word mark No 19561415 VR, German word mark No 725452, British word mark No 1436897 and Community word mark No 651745
VITRAL, for goods, inter alia, in Class 19, against which the opposition is brought
Decision of the Opposition Division:
Opposition upheld; application for Community mark dismissed for goods in Class 19
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Vitro Corporativo, SA de CV to pay the costs.