Action brought on 14 May 2012 - Shark v OHIM - Monster Energy (UNLEASH THE BEAST!)

(Case T-217/12)

Language in which the application was lodged: English

Parties

Applicant: Shark AG (Innsbruck, Austria) (represented by: D. Campbell, Barrister, and P. Strickland, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Monster Energy Company (Corona, United States)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 360/2011-1; and

Order the Office and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark "UNLEASH THE BEAST!", for goods in class 32 - Community trade mark registration No 5093174

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Community trade mark registration No 2729366 of the word mark "BRING OUT THE BEAST", for goods in class 32; Community trade mark registration No 2730133 of the figurative mark "COOL BITE BRING OUT THE BEAST", for goods in class 32

Decision of the Cancellation Division: Declared the invalidity of the contested community trade mark

Decision of the Board of Appeal: Annulled the contested decision and rejected the application for a declaration of invalidity

Pleas in law: Infringement of Article 57(2) of Council Regulation No 207/2009.

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