Action brought on 27 July 2015 – Monster Energy v OHIM – Mad Catz Interactive (MAD CATZ)

(Case T-429/15)

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: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘MAD CATZ’ – Community trade mark application No 11 390 846

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 21 May 2015 in Case R 2176/2014-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

annul the decision of the Opposition Division of 23 June 2014 in Opposition B 2 182 312;

reject the opposed mark for all goods in class 25;

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

Pleas in law

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

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

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