Action brought on 28 January 2014 – Monster Energy v OHIM - Balaguer (icexpresso + energy coffee)

(Case T-61/14)

Language in which the application was lodged: English

Parties

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

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

Other party to the proceedings before the Board of Appeal: Luis Yus Balaguer (Movera, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 given in Case R 821/2013-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative trade mark containing the verbal elements “icexpresso + energy coffee” for goods and services in Classes 9, 30, 32 and 35 – Community trade mark application No 9 950 403

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The earlier marks: CTM registrations Nos 8 445 711, 8 815 722 and 8 815 748 for goods in Classes 5 and 32

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.