Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 14 July 2016 — Monster Energy v EUIPO — Mad Catz Interactive (Representation of a black square with four white lines)

(Case T‑567/15)

‛EU trade mark — Opposition proceedings — Application for EU figurative mark representing a black square with four white lines — Earlier EU figurative mark representing three claws positioned vertically — Relative ground for refusal — No likelihood of confusion’

| 1. | EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 18, 35) |

| 2. | EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark representing a black square with four white lines — Figurative mark representing three claws positioned vertically (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-22, 34, 54) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — High distinctiveness of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 39, 40) |

| 5. | EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see para. 58) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 1 July 2015 (Case R 2368/2014-5), concerning opposition proceedings between Monster Energy Company and Mad Catz Interactive.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Monster Energy Company to pay the costs. |

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