CELEX: 62014TN0061
Language: en
Date: 2014-01-28 00:00:00
Title: Case T-61/14: Action brought on 28 January 2014 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee)

28.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/26
            
         Action brought on 28 January 2014 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee)
   (Case T-61/14)
   2014/C 129/34
   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)
   
      Other party to the proceedings before the Board of Appeal: Luis Yus Balaguer (Movera, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 given in Case R 821/2013-2;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative trade mark containing the verbal elements ‘icexpresso + energy coffee’ for goods and services in Classes 9, 30, 32 and 35 — Community trade mark application No 9 950 403
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The earlier marks: CTM registrations Nos 8 445 711, 8 815 722 and 8 815 748 for goods in Classes 5 and 32
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) CTMR.