21.12.2015
EN
Official Journal of the European Union
C 429/23
Judgment of the General Court of 28 October 2015 — Monster Energy v OHIM — Home Focus (MoMo Monsters)
(Case T-736/14) (1)
((Community trade mark - Opposition proceedings - Application for the Community word mark MoMo Monsters - Earlier Community word marks MONSTER and MONSTER ENERGY and earlier international figurative mark MONSTER ENERGY - Relative ground for refusal - No similarity between the goods - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 429/29)
Language of the case: English
Parties
Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: E. Zaera Cuadrado, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Home Focus Development Ltd (Tortola, British Virgin Islands)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 7 August 2014 (Case R 1167/2013-2), concerning opposition proceedings between Monster Energy Company and Home Focus Development Ltd.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Monster Energy Company to pay the costs.
(1) OJ C 448, 15.12.2014.
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