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14.12.2015 |
EN |
Official Journal of the European Union |
C 414/33 |
Action brought on 5 October 2015 — Monster Energy v OHIM (Representation of a peace symbol)
(Case T-583/15)
(2015/C 414/44)
Language of the case: 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)
Details of the proceedings before OHIM
Trade mark at issue: Community figurative mark (Representation of a peace symbol) — Application for registration No 11 363 611
Contested decision: Decision of the Second Board of Appeal of OHIM of 17 July 2015 in Case R 2788/2014-2
Form of order sought
The applicant claims that the Court should:
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annul the contested decision; |
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remit the Applicant’s case back to the Second Board of Appeal for a decision on the substance of the Restitutio Application in relation to the decision of the First Board of Appeal of 11 December 2013 in Case R 1285/2013-1; |
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order OHIM to pay their own costs and those of the Applicant. |
Pleas in law
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Infringement of Articles 58, 65(5), 75, 81(1) and 81(4) of Regulation No 207/2009; |
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Infringement of Rule 65 of Regulation No 2868/95. |