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Case T-61/14: Action brought on 28 January 2014 — Monster Energy v OHIM — Balaguer (icexpresso + energy coffee)
ECLI:EU:UNKNOWN:62014TN0061
62014TN0061
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Official Journal of the European Union
C 129/26
(Case T-61/14)
(2014/C 129/34)
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)
Other party to the proceedings before the Board of Appeal: Luis Yus Balaguer (Movera, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 given in Case R 821/2013-2;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative trade mark containing the verbal elements ‘icexpresso + energy coffee’ for goods and services in Classes 9, 30, 32 and 35 — Community trade mark application No 9 950 403
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The earlier marks: CTM registrations Nos 8 445 711, 8 815 722 and 8 815 748 for goods in Classes 5 and 32
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.