Order — ECLI:EU:C:2017:139
Date: 2017-02-16
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible

Order of the Court (Ninth Chamber) of 16 February 2017 —Monster Energy v EUIPO (Case C‑502/16 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a figurative sign representing a black square with four white lines — Rejection of the opposition) 1. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) 2. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) Operative part 1. The appeal is dismissed. 2. Monster Energy Company shall bear its own costs.