7.12.2015   

EN

Official Journal of the European Union

C 406/41


Action brought on 5 October 2015 — Monster Energy v OHIM (GREEN BEANS)

(Case T-585/15)

(2015/C 406/42)

Language of the case: 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)

Details of the proceedings before OHIM

Trade mark at issue: Community word mark ‘GREEN BEANS’ — Application for registration No 11 410 801

Contested decision: Decision of the Second Board of Appeal of OHIM of 22 July 2015 in Case R 3002/2014-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

remit the Applicant’s case back to the Second Board of Appeal for a decision on the substance of the Applicant’s Restitutio Application in relation to the decision of the First Board of Appeal of 2 December 2013 in Case R 1530/2013-1;

order OHIM to pay their own costs and those of the Applicant.

Pleas in law

Infringement of Article 58, 65(5), 75, 81(1) and 81(4) of Regulation No 207/2009;

Infringement of Rule 65 of Regulation No 2868/95.