Judgment of the General Court of 10 November 2021 – Monster Energy v EUIPO – Frito-Lay Trading Company (MONSTER and MONSTER ENERGY)
(Joined Cases T-758/20 and T-759/20) 1
(EU trade mark – Revocation proceedings – EU word marks MONSTER and MONSTER ENERGY – Genuine use of the marks – Use in connection with the goods in respect of which the marks were registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
Language of the case: English
Parties
Applicant: Monster Energy Co. (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and E. Śliwińska, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Frito-Lay Trading Company GmbH (Bern, Switzerland) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Re:
Two actions brought against the decisions of the Second Board of Appeal of EUIPO of 5 October 2020 (Cases R 2927/2019-2 and R 2928/2019-2), relating to two revocation proceedings between Frito-Lay Trading Company and Monster Energy.
Operative part of the judgment
The Court:
1. Dismisses the actions;
2. Orders Monster Energy Co. to pay the costs.
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1 OJ C 53, 15.2.2021.