Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 14 July 2016 —

Monster Energy v EUIPO — Mad Catz Interactive (MAD CATZ)

(Case T‑429/15)

‛EU trade mark — Opposition proceedings — Application for EU figurative mark MAD CATZ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’

| 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 16, 17) |

| 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 MAD CATZ (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 43, 46) |

| 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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21) |

| 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see para. 45) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 21 May 2015 (Case R 2176/2014-4), 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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