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Case T-61/14: Judgment of the General Court of 6 October 2015 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee) (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)
ECLI:EU:UNKNOWN:62014TA0061
62014TA0061
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Valentina R., lawyer
30.11.2015
Official Journal of the European Union
C 398/42
(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:
1.Dismisses the action;
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).
OJ C 129, 28.4.2014.