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Document 62007TJ0295

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 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.
Case T-295/07.

European Court Reports 2008 II-00317*

ECLI identifier: ECLI:EU:T:2008:563

Date of document:
10/12/2008
Date lodged:
03/08/2007
Author:
General Court
Country or organisation from which the request originates:
Third countries
Form:
Judgment
Authentic language:
Spanish
Type of procedure:
Action for annulment - unfounded
Applicant:
Individual
Defendant:
EU institutions and bodies, European Union Intellectual Property Office
Judge-Rapporteur:
Moavero Milanesi
Treaty:
Treaty establishing the European Economic Community
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Instruments cited in case law:





Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Vitro Corporativo v OHIM – VKR Holding (Vitro)

(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:

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.

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