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Case T-567/15: Action brought on 25 September 2015 — Monster Energy v OHIM — Mad Catz Interactive (Representation of a black square with four white stripes)
ECLI:EU:UNKNOWN:62015TN0567
62015TN0567
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16.11.2015
Official Journal of the European Union
C 381/55
(Case T-567/15)
(2015/C 381/65)
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal: Mad Catz Interactive, Inc. (San Diego, United States)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Figurative mark (representation of a black square with four white stripes) — Application for registration No 11 390 853
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1 July 2015 in Case R 2368/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Board of Appeal of 4 May 2015 in Case R 2368/2014-5;
—annul the decision of the Opposition Division of 1 July 2015 in opposition No B2182320;
—reject the opposed mark in respect of class 25;
—order OHIM to pay its own costs and those of the opponent.
Pleas in law
—Infringement of Article 8(1)(b) Regulation No 207/2009;
—Infringement of Article 8(5) Regulation No 207/2009.