Monster Energy Company v. Kaffeesysteme Tenhaef

Monster Energy Company

Case details

Case no.: R1483/2016-1

Jurisdiction: European Union

Industry: Food and Drink

Decision date: 06 Aug, 2017


The appeal is rejected. The conditions for granting the opposition on the basis of Articles 8(1)(b), 8(5) and 8(4) EUTMR are not complied with. Under the legal basis of Article 8(1)(b) EUTMR, the conflicting figurative trade marks convey dissimilar overall impressions. The figurative element in the contested sign conveys no clear and direct semantic content. The vague idea that the device elements of the conflicting signs could have been caused by an animal’s claws scratching on a surface is clearly not enough to find a conceptual link between the marks. The word element in the contested sign, ‘ALESSIO’, is the most distinctive element.

Comparison of Trademarks