Judgment of the General Court (Sixth Chamber) of 10 November 2021 –
Monster Energy v EUIPO – Frito-Lay Trading Company (MONSTER and MONSTER ENERGY)
(Joined Cases T‑758/20 and T‑759/20)
(EU trade mark – Revocation proceedings – EU word marks MONSTER and MONSTER ENERGY – Genuine use of the marks – Use in connection with the goods in respect of which the marks were registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
1. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Burden of proof
(Council Regulation No 207/2009, Art. 51(1)(a))
(see para. 26)
2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence
(Council Regulation No 207/2009, Art. 51(1)(a))
(see paras 27-30)
3. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Word marks MONSTER and MONSTER ENERGY
(Council Regulation No 207/2009, Art. 51(1)(a))
(see paras 52, 53, 57, 63, 70)
Re:
Two actions brought against the decisions of the Second Board of Appeal of EUIPO of 5 October 2020 (Cases R 2927/2019-2 and R 2928/2019-2), relating to two revocation proceedings between Frito-Lay Trading Company and Monster Energy.
Operative part
The Court:
2. | | Orders Monster Energy Co. to pay the costs. |