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30.11.2015 |
EN |
Official Journal of the European Union |
C 398/42 |
Judgment of the General Court of 6 October 2015 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee)
(Case T-61/14) (1)
((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). |