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