CELEX: 62007TJ0295
Community trade mark
Opposition proceedings
Application for the 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 31 May 2007 (Case R 1640/2006-2), relating to
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, 12, 16, 17, 19, 20, 21, 22, 27, 30, 35, 39, 40, 41, 42
and 43 – Application No 2669497
Proprietor of the mark or sign cited in the opposition proceedings:
VKR Holding A/S
Mark or sign cited in opposition:
Community word mark No 651745, Danish word mark No 1951415 VR, German word mark No 725452 and British word mark No 1436897
VITRAL, for goods, inter alia, in Class 19, against which the opposition was brought
Decision of the Opposition Division:
Opposition upheld; application for registration 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.