Action brought on 29 January 2007 - Vitro Corporativo v OHIM - VALLON (V)

(Case T -229/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Vitro Corporativo, S.A. de C.V. (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: Vallon GmbH.

Form of order sought

order that the subject matter of the action be registered as a Community trade mark to distinguish goods in class 9.

Pleas in law and main arguments

Applicant for a Community trade mark: Vitro Corporativo, S.A. de C.V.

Community trade mark concerned: Figurative mark consisting of a letter 'V' (application No 2.669.513) 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.

Proprietor of the mark or sign cited in the opposition proceedings: Vallon GmbH.

Mark or sign cited in opposition: Community figurative mark No 51.037 (the letter V against a white background), for goods in class 9 (Apparatus for checking and supervising).

Decision of the Opposition Division: Opposition upheld and application for a Community mark for goods in class 9 rejected.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

____________