Monster Energy Company v. ZEG Zweirad-Einkaufs-Genossenschaft eG

Monster Energy Company

Case details

Case no.: R0272/2020-2

Jurisdiction: European Union

Industry: Food and Drink

Decision date: 23 Nov, 2020


The IR Holder's requests for suspension of the proceedings until after the expiry of the transition period agreed upon by the EU and the UK and with reference to Art. 71(1)(b) EUTMDR were rejected with reference to Art. 8(2)(a)(ii) and the Withdrawal Agreement between the EU and the UK, Art. 126 and Art. 127. Moreover, the IR Holder's request for oral proceedings according to Art. 96(1) EUTMR was rejected as not found expedient. As the opponent did not file a cross appeal, the conclusion regarding non-substantiation of an earlier mark and the rejection of the opposition under Art. 8(4) and Art. 8(5) EUTMR have become final. Furthermore, another earlier right had been withdrawn. Consequently, the opposition was examined under Art. 8(1)(b) EUTMR. After reviewing the assessment of similarity between the goods and services and the similarities betweenn the signs, the contested decision was partially annulled and the opposition decision was rejected for further goods.

Comparison of Trademarks