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Case T-407/15: Judgment of the General Court of 20 October 2016 — Monster Energy v EUIPO — Hot-Can Intellectual Property (HotoGo self-heating can technology) (EU trade mark — Opposition proceedings — Application for an EU figurative mark HotoGo self-heating can technology — Earlier EU figurative marks representing claws — Relative grounds for refusal — No similarity of the signs — No likelihood of confusion — No connection between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0407
62015TA0407
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Official Journal of the European Union
C 454/24
(Case T-407/15) (*)
((EU trade mark - Opposition proceedings - Application for an EU figurative mark HotoGo self-heating can technology - Earlier EU figurative marks representing claws - Relative grounds for refusal - No similarity of the signs - No likelihood of confusion - No connection between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
(2016/C 454/43)
Language of the case: English
Parties
Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and P. Ivanov, Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Hot-Can Intellectual Property Sdn Bhd (Cheras, Malaysia)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 May 2015 (Case R 1028/2014-5), relating to opposition proceedings between Monster Energy Company and Hot-Can Intellectual Property.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Monster Energy Company to pay the costs.
(*)
OJ C 311, 21.9.2015.