Action brought on 29 December 2006 - Vitro Corporativo v OHIM - VKR Holding (Vitro)

(Case T -412/06)

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: VKR Holding A/S

Form of order sought

Declare that the Community trade mark VITRO be registered for goods in Class 19

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark 'Vitro' (CTR application No 2 669 521) 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: VKR Holding A/S

Mark or sign cited in opposition: Danish (No 1956 1415 VR), German (No 725 452), United Kingdom (No 1 436 897) and Community (No 651 745) word marks 'VITRAL', for goods, inter alia, in Class 19 (building glass, window glass, safety and isolating glass), in respect of which the opposition proceedings were lodged.

Decision of the Opposition Division: The opposition was upheld and the Community trade mark was refused for goods in Class 19.

Decision of the Board of Appeal: The appeal was dismissed.

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

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