Action brought on 20 December 2013 – Monster Energy v OHIM (REHABILITATE)
(Case T-712/13)
Language of the case: English
Parties
Applicant: Monster Energy Company (Corona, United States) (represented by: P. Brownlow, lawyer)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 17 October 2013 given in Case R 609/2013-1;
Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark “REHABILITATE” for goods in Classes 5, 30 and 32 – Community trade mark application No 10 834 802
Decision of the Examiner: Rejected the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(c) and Article 4 CTMR