Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 3.3.2012 | EN | Official Journal of the European Union | C 65/13 |

---

Action brought on 5 December 2011 — Hostel Drap v OHIM — Aznar textil (MY drap)

(Case T-636/11)

2012/C 65/26

Language in which the application was lodged: Spanish

Parties

Applicant: Hostel Drap, SL (Monistrol de Montserrat, Spain) (represented by: C. Prat, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Aznar textil, SL (Paterna, Spain)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2011 in Case R 2127/2010-2; |

|  |  |
| --- | --- |
| — | reject the opposition; |

|  |  |
| --- | --- |
| — | refer the case back to the OHIM for it to register the mark applied for in all the classes in respect of which registration is sought; |

|  |  |
| --- | --- |
| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark ‘MY drap’ for goods in Classes 16, 21 and 24

Proprietor of the mark or sign cited in the opposition proceedings: Aznar textil, SL

Mark or sign cited in opposition: Figurative mark ‘BON DRAP’ for goods in Classes 23, 24 and 26, which is well known in the Community

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since the conflicting marks are not similar and there is no likelihood of confusion.

---

[Top](#document1)