Judgment of the General Court (Second Chamber) of 8 June 2016

Data

Court: General Court

Case date: 8 juni 2016

Verdict

Judgment of the General Court (Second Chamber) of 8 June 2016 — Monster Energy v EUIPO (GREEN BEANS)

(Case T‑585/15)

"EU trade mark - Application for the EU word mark GREEN BEANS - Application for restitutio in integrum - Non-compliance with the time limit for bringing an action before the General Court"

EU trade markProcedural provisionsStatement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 31)

Actions for annulmentAdmissibility criteriaJurisdiction of the EU judicatureConsidered of Court’s own motion (Arts 256 and 263 TFEU) (see para. 40)

EU trade markAppeals procedureAction before the EU judicatureAction brought out of time against a Board of Appeal decisionNo restitutio in integrum (Art. 263 TFEU; Statute of the Court of Justice, Art. 45, second para.) (see paras 43, 44)

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 22 July 2015 (Case R 3002/2014-2), concerning an application for registration of the word mark GREEN BEANS as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Monster Energy Company to pay the costs.