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Case T-35/20: Judgment of the General Court of 2 December 2020 — Monster Energy v EUIPO — Nanjing aisiyou Clothing (Representation of a scratch) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a claw-like scratch — Earlier EU and UK figurative marks representing claw-like scratches — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b), (4) and (5) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0035
62020TA0035
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25.1.2021
Official Journal of the European Union
C 28/46
(Case T-35/20) (1)
(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a claw-like scratch - Earlier EU and UK figurative marks representing claw-like scratches - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b), (4) and (5) of Regulation (EU) 2017/1001)
(2021/C 28/71)
Language of the case: English
Parties
Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: A. Kusturovic, J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Nanjing aisiyou Clothing Co. Ltd (Nankin, China)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 November 2019 (Case R 1104/2019-5), relating to opposition proceedings between Monster Energy Company and Nanjing aisiyou Clothing.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 November 2019 (Case R 1104/2019-5), in so far as it concerns the rejection of the opposition based on Article 8(1)(b) and (5) of Regulation (EU) 2017/1001;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to pay the costs.
OJ C 68, 2.3.2020.