Case T-295/07: Action brought on 3 August 2007 — Vitro Corporativo, S.A. de C.V. v OHIM — VKR Holding (Vitro)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, appeal to the Court (EU), building industry, construction equipment, trade-mark law

C 235/20

EN

Official Journal of the European Union

6.10.2007

Mark or sign cited in opposition: The national figurative mark ‘The
Masters’ for goods in Class 25 and the figurative mark ‘The
Masters
trade mark
COMPANY’
No 1 582 535) for goods in Classes 12, 25 and 28.

(Community

GOLF

Mark or sign cited in opposition: Word marks ‘Vitral’: Community
(No 651745); Danish (No 1956 1415 VR); German
(No 725452); and British (No 1436897), for goods, inter alia, in
Class 19, to which opposition was directed.

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration in respect of goods in Classes 12, 25 and
28 rejected.

Decision of the Opposition Division: Opposition upheld and appli-
cation for goods in Class 19 refused.

Decision of the Board of Appeal: Termination of proceedings and
declaration that the appeal is inadmissible.

Pleas in law: The applicant claims that the finding that the
appeal is inadmissible is unlawful and seeks an award of costs
against The Masters Golf Company Ltd.

Decision of the Board of Appeal: Appeal refused.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 (1) given that the conflicting signs are phoneti-
cally and graphically distinct.

(1) Council Regulation No 40/94 of 20 December 1993 on the Com-

munity trade mark (OJ 1994,L 11, p. 1).

Action brought on 3 August 2007 — Vitro Corporativo,
S.A. de C.V. v OHIM — VKR Holding (Vitro)

(Case T-295/07)

(2007/C 235/36)

Language in which the application was lodged: Spanish

Parties

Applicant: Vitro Corporativo, S.A. de C.V. (Nuevo Leon, Mexico)
(represented by: J. Botella Reyna, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
VKR Holding A/S

Form of order sought

— Permit

registration

of

the Community

trade mark

No 2669497 for goods in Class 19.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘Vitro’ for goods
and services in the Classes 1, 7, 8, 9, 12, 16, 17, 19, 20, 21,
22, 27, 30, 35, 39, 40, 41, 42 and 43 (application
No 2669497).

Action brought on 6 August 2007 — Korsch v OHIM
(PharmaCheck)

(Case T-296/07)

(2007/C 235/37)

Language of the case: German

Parties

Applicant: Korsch AG (Berlin, Germany)
Grzam, lawyer)

(represented by J.

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

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 5 June 2007 (Case R 358/2007-4)
concerning the word mark No 5 310 214 ‘PharmaCheck’;

— order the defendant to pay the costs of the appeal proceed-

ings and the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘PharmaCheck’ for
goods in Class 9 (Application No 5 310 214).

Decision of the Examiner: Rejection of the registration.

Proprietor of the mark or sign cited in the opposition proceedings:
VKR Holding A/S

Decision of the Board of Appeal: Rejection of the appeal.