Source: EURLEX
Language: en
Format: md

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| 21.9.2015 | EN | Official Journal of the European Union | C 311/59 |

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Action brought on 27 July 2015 — Monster Energy v OHIM — Hot-Can Intellectual Property (HotoGo self-heating can technology)

(Case T-407/15)

(2015/C 311/64)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal: Hot-Can Intellectual Property Sdn Bhd (Cheras, Malaysia)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Figurative mark containing the word elements ‘HotoGo self-heating can technology’ — Application for registration No 11 418 101

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 May 2015 in Case R 1028/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | annul the decision of the Opposition Division of 21 February 2014 in Opposition No B2178567; |

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| — | reject the opposed mark in its entirety; |

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| — | order OHIM to pay its own costs and those of the applicant. |

Pleas in law

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| — | Infringement of Articles 8(1)(b) of Regulation No 207/2009; |

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| — | Infringement of Article 8(5) of Regulation No 207/2009. |

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