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FRIDAY, 30 OCTOBER 2015
)Scary story time in General Court:MoMo Monsters v. Monsters family of marks

In Case T 736/14, the General court dismissed the following appeal

 

Monster Energy Company (opponent)

Home Focus Development Ltd (CTM applicant)

 Class 5: ‘Nutritional supplements in Class 5’;

   Class 29: ‘Dairy-based beverages and milk-based beverages containing coffee in Class 29’;

  Class 30: ‘Coffee-based beverages and coffee-based beverages containing milk in Class 30’;

   Class 32: ‘Non-alcoholic beverages, namely energy drinks and energy drinks flavoured with coffee, all enhanced with vitamins, minerals, nutrients, amino acids and/or herbs in Class 32’ ;

  Class 33: ‘Alcoholic energy drinks; alcoholic coffee-based beverages, alcoholic beverages (except beers) in Class 33’,

Covered by the CTM MONSTER

**

Class 16: ‘Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks; stickers; sticker kits’;

  Class 25: ‘Clothing, footwear, headgear; hats’.

Covered by the CTM MONSTER ENERGY


 

Class 9: ‘Sports helmets’;

 Class 16: ‘Stickers; sticker kits comprising stickers and decals; decals’;

  Class 18: ‘All-purpose sports bags; all-purpose carrying bags; backpacks; duffle bags’;

  Class 25: ‘Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves; headgear, namely, hats and beanies’.

Covered by the IR

Class 14: ‘Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments’;

   Class 16: ‘Writing utensils and materials, namely pencils and pencil sharpeners, ballpens, brushes, markers, chalk, staplers, hole punchers, rulers and other accessories for writing and drawing, and other cardboard and paper articles, namely but not limited to albums, boxes of paper and cardboard, writing pads, writing blocks, notebooks, booklets, wrapping paper, greeting cards, trading cards, labels, stickers and cardboard and paper articles for office and school use’;

  Class 25: ‘Clothing and footwear, namely but not limited to footwear of all kinds, jackets, coats, shirts, blouses, T-shirts, socks, shorts, scarves, underwear, sportswear, headgear of all kinds including caps’;

   Class 28: ‘Games and toys, namely board games, card games, action type target games, and parlour games; beanbags; toy building blocks; holders for caps, and cap guns; mechanical action toys; kites; electric action figures with lights and sounds; collectible items namely action figures, plastic toy figurines in various sizes, toy finger rings, yo-yo’s, spin tops, plastic toys, toys incorporating magnets; plush toys and flying discs; glass ornaments and decorations for Christmas trees; costume masks; stuffed toy animals in various sizes; equipment sold as a unit for playing card games; game boards for trading card games; toy stamps with figures; toy and water pistols, guns, and cannons; dolls and baby dolls; balloons; bathtub toys; skateboards, ice skates, roller skates, and inline skates; surf boards and swim boards; balls, namely, footballs and handballs; electronic toys; jigsaw puzzles’;

  Class 30: ‘Confectionery, namely sweets, drops, boiled sweets, lollipops of any kind, pastilles, wine gum, jellies, bubble gum, chewing gum, jelly beans, licorice, chocolate, marzipan, candy strips, liquid candy, candy gel, candy juice, marshmallows, candy foam, candy powder, biscuits, cakes, pastry’ ;

Class 41: ‘Education; providing of training; entertainment; sporting and cultural activities

CTMs

MONSTER

 

MONSTER ENERGY

 

IR Image not found

 

MoMo Monsters - Contested CTM

The Opposition division upheld the opposition with respect to the goods and services in Classes 16, 25, 28 and 41,

The second Board of Appeal of OHIM and the General Court confirmed that finding. In essence it found that there was no similarity between the goods in Class 30, as covered by the application for registration, and the goods covered by the earlier mark registered under CTM MONSTER and falling within Classes 29 and 30, on which, inter alia, the opposition was based.

 

They rejected the applicant’s argument that the similarity between the goods at issue results in particular from the fact that they are sold in the same commercial establishments, share the same distribution channels and are intended for the same consumers.

In the first place, the evidence put forward by the applicant with regard to the identical nature of the distribution channels relates only to certain specific outlets.

Next, it should be recalled that the fact that the goods may be sold in the same commercial establishments, such as coffee chains, is not particularly significant, since very different kinds of goods can be found in those outlets, without consumers automatically attributing the same origin to them Finally, even if the goods at issue are intended for the same consumers, the Board of Appeal acted correctly in concluding that those goods differed in nature and purpose and were neither complementary nor in competition.

Consequently, it confirmed the Opposition Division’s decision, in so far as the latter had not upheld the opposition to registration of the sign applied for in respect of the goods falling within Class 30, and dismissed the appeal brought by the applicant.

Posted by: Laetitia Lagarde @ 19.52
Tags: General Court, monster company, momomonsters, ,
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