In Case T-636/11, two Spanish competitors cleverly registered their trademarks for among others, Class 24 goods ‘textiles’, with the figurative signs “MY DRAP” for Hostel Drap S.L. and “BON DRAP” for Aznar Textil S.L..

The Opposition Division had upheld the opposition regarding the goods in Class 24. The Board of Appeal and General Court confirmed the ruling. The goods are identical. As regards the signs, the figurative elements do not bear much fantasy in order to overcome the similarity between the words written in a similar manner and order. Further, the signs share an aural similarity with the common word “drap” and for example, have no conceptual meaning for the Spanish speaking consumer. For the French speaking public, the words have a similar meaning due to the common concept of “drap” (i.e.: sheet) and terms “my” and “bon” (good) clearly qualify the word “drap”.

Therefore, due to the similarity between the signs, there is a likelihood of confusion within the meaning of Article 8 (1) b) CTMR.