CELEX: 62006TJ0412
Language: en
Date: 2008-12-10
Title: Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Vitro Corporativo, SA de CV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-412/06.

Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Vitro Corporativo v OHIM – VKR Holding (Vitro)
      (Case T-412/06)
      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
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 23, 31)
      
      Re:
      
         
               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.