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Case T-429/15: Action brought on 27 July 2015 — Monster Energy v OHIM — Mad Catz Interactive (MAD CATZ)
ECLI:EU:UNKNOWN:62015TN0429
62015TN0429
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28.9.2015
Official Journal of the European Union
C 320/37
(Case T-429/15)
(2015/C 320/54)
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: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word elements ‘MAD CATZ’ — Community trade mark application No 11 390 846
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 21 May 2015 in Case R 2176/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division of 23 June 2014 in Opposition B 2 182 312;
—reject the opposed mark for all goods in class 25;
—order OHIM to pay its own costs and those of the applicant.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.