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Case T-274/17: Action brought on 10 May 2017 — Monster Energy v EUIPO — Bösel (MONSTER DIP)
ECLI:EU:UNKNOWN:62017TN0274
62017TN0274
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Official Journal of the European Union
C 221/36
(Case T-274/17)
(2017/C 221/51)
Language in which the application was lodged: English
Parties
Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Marco Bösel (Bad Fallingbostel, Germany)
Details of the proceedings before EUIPO
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU figurative mark containing the word element ‘MONSTER DIP’ — Application for registration No 13 118 211
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 February 2017 in Case R 1062/2016-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division of 19 April 2016 in opposition B 2433681;
—reject the opposed mark for all goods and services;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Articles 8(1)(b), 8(4) and 8(5) of Regulation No 207/2009.