Дело C-502/16: Monster Energy/EUIPO, Определение от 16 февруари 2017 г.

Текст

... tration of a figurative sign representing a black square with four white lines — Rejection of the opposition)

In Case C‑502/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 22 September 2016,

Monster Energy Company, established in Corona (United States), represented by P. Brownlow, Solicitor,

appellant,

the other party to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Ninth Chamber),

composed of E. Juhász, President of the Chamber, C. Vajda (Rapporteur) and K. Jürimäe, Judges,

Advocate General: M. Bobek,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Monster Energy Company asks the Court to set aside the judgment of the General Court of the European Union of 14 July 2016, Monster Energy v EUIPO — Mad Catz Interactive (Representation of a black square with four white lines) (T‑567/15, not published, ‘the judgment under appeal’, EU:T:2016:408), by which the General Court dismissed its action for annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 July 2015 (Case R 2368/2014-5) relating to opposition proceedings between Monster Energy and Mad Catz Interactive.

2. The appellant puts forward two grounds in support of its appeal, alleging infringement of provisions of Article 8(1)(b) of ...