Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/42 |

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Judgment of the General Court of 6 October 2015 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee)

(Case T-61/14)[(1)](#ntr1-C_2015398EN.01004201-E0001)

((Community trade mark - Opposition proceedings - Application for the figurative Community trade mark icexpresso + energy coffee - Earlier Community word marks X-PRESSO MONSTER, HAMMER M X-PRESSO MONSTER ESPRESSO + ENERGY and MIDNIGHT M X-PRESSO MONSTER ESPRESSO + ENERGY - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/52)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Luis Yus Balaguer (Movera, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 November 2013 (Case R 821/2013-2), relating to opposition proceedings between Monster Energy Company and Mr Luis Yus Balaguer.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Monster Energy Company to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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