Judgment — ECLI:EU:T:2015:750
Date: 2015-10-06
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 28 January 2014 – Monster Energy v OHIM - Balaguer (icexpresso + energy coffee) (Case T-61/14) Language in which the application was lodged: English Parties Applicant: Monster Energy Company (Corona, United States) (represented by: P. Brownlow, Solicitor) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Luis Yus Balaguer (Movera, 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) of 15 November 2013 given in Case R 821/2013-2; Order the defendant to pay the costs of proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal Community trade mark concerned: The figurative trade mark containing the verbal elements “icexpresso + energy coffee” for goods and services in Classes 9, 30, 32 and 35 – Community trade mark application No 9 950 403 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: The earlier marks: CTM registrations Nos 8 445 711, 8 815 722 and 8 815 748 for goods in Classes 5 and 32 Decision of the Opposition Division: Rejected the opposition in its entirety Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) CTMR.