Judgment of the General Court of 13 June 2013 – Hostel drap v OHIM – Aznar Textil (MY drap)

(Case T-636/11) ¹

(Community trade mark – Opposition proceedings – Application for Community figurative mark MY drap – Earlier Community figurative mark BON DRAP – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 )

Language of the case: 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) (represented by: O. Mondéjar Ortuño, agent)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 September 2011 (Case R 2127/2010-2), relating to opposition proceedings between Aznar Textil, SL and Hostel drap, SL.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Hostel drap, SL to pay the costs.

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¹     OJ C 65, 3.3.2012.