(Case T-295/07)

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

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 24, 32)

Re:

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:

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.