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Case T-407/15: Action brought on 27 July 2015 — Monster Energy v OHIM — Hot-Can Intellectual Property (HotoGo self-heating can technology)
ECLI:EU:UNKNOWN:62015TN0407
62015TN0407
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21.9.2015
Official Journal of the European Union
C 311/59
(Case T-407/15)
(2015/C 311/64)
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: Hot-Can Intellectual Property Sdn Bhd (Cheras, Malaysia)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Figurative mark containing the word elements ‘HotoGo self-heating can technology’ — Application for registration No 11 418 101
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 May 2015 in Case R 1028/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division of 21 February 2014 in Opposition No B2178567;
—reject the opposed mark in its entirety;
—order OHIM to pay its own costs and those of the applicant.
Pleas in law
—Infringement of Articles 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.