23.4.2018

Official Journal of the European Union

C 142/67

(Case T-134/18)

(2018/C 142/86)

Language in which the application was lodged: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Nordbrand Nordhausen GmbH (Nordhausen, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU word mark BALLER’S PUNCH — Application for registration No 14 823 306

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 12 December 2017 in Case R 998/2017-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the decision of the Opposition Division of 13 March 2017 in Opposition B002643172;

—register the opposed mark for all goods covered by the application;

—order EUIPO to bear its own costs and pay those of the Applicant.

Plea in law

—Infringement of Article 8(1)(b) of Regulation No. 2017/1001.