Plaintiff: Monster Energy Company
Defendant: Félix Guerini
Case no.: R0812/2018-5
Jurisdiction: European Union
Industry: Food and Drink
Decision date: 14 Jan, 2019
The Board confirms the contested decision that there is no likelihood of confusion between the signs therefore even if the goods are assumed to be identical there is no likelihood of confusion and the other grounds of opposition are not validly argued either. identical, the signs are sufficiently dissimilar. The other grounds of opposition are not validly argued either. The opponent failed to prove that it uses a family of ‘MONSTER’ marks for the goods and services in Classes 9, 14, 35 and 41 (i.e. the goods and services covered by earlier trade marks Nos 1-7). No such use has been proven through the opponent’s evidence. The entire body of evidence submitted by the opponent shows trade mark use of the signs only in relation to energy drinks in Class 32 (not protected by the earlier trade marks Nos 1-7). Consequently, the opponent’s claim of a family of marks must be dismissed.
MONSTER ENERGY
