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Case T-274/17: Judgment of the General Court of 13 December 2018 — Monster Energy v EUIPO — Bösel (MONSTER DIP) (EU trade mark — Opposition proceedings — Application for EU figurative mark MONSTER DIP — Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No likelihood of misleading association — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No likelihood of dilution of the reputation of the earlier mark — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62017TA0274
62017TA0274
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Official Journal of the European Union
C 82/50
(Case T-274/17) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark MONSTER DIP - Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - No likelihood of misleading association - Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) - No likelihood of dilution of the reputation of the earlier mark - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)))
(2019/C 82/58)
Language of the case: English
Parties
Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Marco Bösel (Bad Fallingbostel, Germany)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 December 2016 (Case R 1062/2016-2), relating to opposition proceedings between Monster Energy Company and Marco Bösel.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Monster Energy Company to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2019:140