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Joined Cases T-758/20 and T-759/20: Judgment of the General Court of 10 November 2021 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER and MONSTER ENERGY) (EU trade mark — Revocation proceedings — EU word marks MONSTER and MONSTER ENERGY — Genuine use of the marks — Use in connection with the goods in respect of which the marks were registered — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62020TA0758
62020TA0758
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Official Journal of the European Union
C 11/26
(Joined Cases T-758/20 and T-759/20) (1)
(EU trade mark - Revocation proceedings - EU word marks MONSTER and MONSTER ENERGY - Genuine use of the marks - Use in connection with the goods in respect of which the marks were registered - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
(2022/C 11/35)
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 (represented by: V. Ruzek and E. Śliwińska, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Frito-Lay Trading Company GmbH (Bern, Switzerland) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Re:
Two actions brought against the decisions of the Second Board of Appeal of EUIPO of 5 October 2020 (Cases R 2927/2019-2 and R 2928/2019-2), relating to two revocation proceedings between Frito-Lay Trading Company and Monster Energy.
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders Monster Energy Co. to pay the costs.
(1) OJ C 53, 15.2.2021.