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Case T-759/20: Action brought on 22 December 2020 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER ENERGY)
ECLI:EU:UNKNOWN:62020TN0759
62020TN0759
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15.2.2021
Official Journal of the European Union
C 53/64
(Case T-759/20)
(2021/C 53/80)
Language of the case: English
Parties
Applicant: Monster Energy Co. (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Frito-Lay Trading Company GmbH (Bern, Switzerland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark MONSTER ENERGY — European Union trade mark No 9 500 448
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 October 2020 in Case R 2928/2019-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Cancellation Division of 23 October 2019 to the extent that it revoked the Registration for goods in Class 30;
—dismiss the application for revocation of the Registration for goods in Class 30;
—order EUIPO to bear its own costs of the proceedings and pay those of the applicant.
Plea in law
—Incorrect application of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.