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

(Case T-636/11)

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.

____________