Action brought on 25 September 2015 – Monster Energy v OHIM – Mad Catz Interactive (Representation of a black square with four white stripes)

(Case T-567/15)

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) (OHIM)

Other party to the proceedings before the Board of Appeal: Mad Catz Interactive, Inc. (San Diego, United States)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Figurative mark (representation of a black square with four white stripes) – Application for registration No 11 390 853

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1 July 2015 in Case R 2368/2014-5

Form of order sought

The applicant claims that the Court should:

annul the decision of the Board of Appeal of 4 May 2015 in Case R 2368/2014-5;

annul the decision of the Opposition Division of 1 July 2015 in opposition No B2182320;

reject the opposed mark in respect of class 25;

order OHIM to pay its own costs and those of the opponent.

Pleas in law

Infringement of Article 8(1)(b) Regulation No 207/2009;

Infringement of Article 8(5) Regulation No 207/2009.

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