Source: EURLEX
Language: en
Format: md

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| 21.7.2012 | EN | Official Journal of the European Union | C 217/25 |

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Action brought on 14 May 2012 — Shark v OHIM — Monster Energy (UNLEASH THE BEAST!)

(Case T-217/12)

2012/C 217/54

Language in which the application was lodged: English

Parties

Applicant: Shark AG (Innsbruck, Austria) (represented by: D. Campbell, Barrister, and P. Strickland, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Monster Energy Company (Corona, United States)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 360/2011-1; and |

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| — | Order the Office and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘UNLEASH THE BEAST!’, for goods in class 32 — Community trade mark registration No 5093174

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Community trade mark registration No 2729366 of the word mark ‘BRING OUT THE BEAST’, for goods in class 32; Community trade mark registration No 2730133 of the figurative mark ‘COOL BITE BRING OUT THE BEAST’, for goods in class 32

Decision of the Cancellation Division: Declared the invalidity of the contested community trade mark

Decision of the Board of Appeal: Annulled the contested decision and rejected the application for a declaration of invalidity

Pleas in law: Infringement of Article 57(2) of Council Regulation No 207/2009.

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