Judgments (Information) nº T-636/11 of The General Court, June 13, 2013

• Resolution Date: June 13, 2013
• Issuing Organization: The General Court
• Decision Number: T-636/11

Judgment of the General Court (Fifth Chamber) of 13 June 2013 — Hostel drap v OHIM — Aznar textil (MY drap)

(Case T‑636/11)

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

1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 24, 43)

2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative marks MY drap and BON DRAP (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 26, 42, 47, 48)

3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28)

4. Community trade mark — Definition and acquisition of the Community trade...