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Case T-59/24: Action brought on 7 February 2024 — BBF Company v EUIPO — Monster Energy (INSOMNIA ENERGY)
ECLI:EU:UNKNOWN:62024TN0059
62024TN0059
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Official Journal of the European Union
C series
C/2024/2442
8.4.2024
(Case T-59/24)
(C/2024/2442)
Language in which the application was lodged: English
Parties
Applicant: Shoqëria Tregtare BBF Company SHPK (Ferizaj, Kosovo) (represented by: A. Kostov, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Monster Energy Co. (Corona, California, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark INSOMNIA ENERGY in colours black, green and white — European Union trade mark No 15 905 045
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 7 December 2023 in Case R 258/2023-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order that the costs of the proceedings be reimbursed.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.