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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:
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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; |
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reject the opposition; |
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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; |
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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.