Source: EURLEX
Language: en
Format: md

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| 7.12.2015 | EN | Official Journal of the European Union | C 406/41 |

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Action brought on 5 October 2015 — Monster Energy v OHIM (GREEN BEANS)

(Case T-585/15)

(2015/C 406/42)

Language of the case: 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)

Details of the proceedings before OHIM

Trade mark at issue: Community word mark ‘GREEN BEANS’ — Application for registration No 11 410 801

Contested decision: Decision of the Second Board of Appeal of OHIM of 22 July 2015 in Case R 3002/2014-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | remit the Applicant’s case back to the Second Board of Appeal for a decision on the substance of the Applicant’s Restitutio Application in relation to the decision of the First Board of Appeal of 2 December 2013 in Case R 1530/2013-1; |

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| — | order OHIM to pay their own costs and those of the Applicant. |

Pleas in law

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| — | Infringement of Article 58, 65(5), 75, 81(1) and 81(4) of Regulation No 207/2009; |

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| — | Infringement of Rule 65 of Regulation No 2868/95. |

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