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Case T-585/15: Action brought on 5 October 2015 — Monster Energy v OHIM (GREEN BEANS)
ECLI:EU:UNKNOWN:62015TN0585
62015TN0585
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7.12.2015
Official Journal of the European Union
C 406/41
(Case T-585/15)
(2015/C 406/42)
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 word mark ‘GREEN BEANS’ — Application for registration No 11 410 801
Contested decision: Decision of the Second Board of Appeal of OHIM of 22 July 2015 in Case R 3002/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—remit the Applicant’s case back to the Second Board of Appeal for a decision on the substance of the Applicant’s Restitutio Application in relation to the decision of the First Board of Appeal of 2 December 2013 in Case R 1530/2013-1;
—order OHIM to pay their own costs and those of the Applicant.
Pleas in law
—Infringement of Article 58, 65(5), 75, 81(1) and 81(4) of Regulation No 207/2009;
—Infringement of Rule 65 of Regulation No 2868/95.