Judgment — ECLI:EU:T:2016:624
Date: 2016-10-20
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 27 July 2015 – Monster Energy v OHIM – Hot-Can Intellectual Property (HotoGo self-heating can technology) (Case T-407/15) 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) (OHIM) Other party to the proceedings before the Board of Appeal: Hot-Can Intellectual Property Sdn Bhd (Cheras, Malaysia) Details of the proceedings before OHIM Applicant: Other party to the proceedings before the Board of Appeal Trade mark at issue: Figurative mark containing the word elements ‘HotoGo self-heating can technology’ – Application for registration No 11 418 101 Procedure before OHIM: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 May 2015 in Case R 1028/2014-5 Form of order sought The applicant claims that the Court should: annul the contested decision; annul the decision of the Opposition Division of 21 February 2014 in Opposition No B2178567; reject the opposed mark in its entirety; order OHIM to pay its own costs and those of the applicant. Pleas in law Infringement of Articles 8(1)(b) of Regulation No 207/2009; Infringement of Article 8(5) of Regulation No 207/2009. ____________