The European court ruled in Case T‑61/14. It concerns the following application for European trademark for classes 9, 30, 32, 35 by Mr Luis Yus Balaguer:
Against this mark was filed an opposition by Monster Energy Company on the base of the following earlier marks for classes 5 and 32:
AMMER M X-PRESSO MONSTER ESPRESSO + ENERGY,
MIDNIGHT M X-PRESSO MONSTER ESPRESSO + ENERGY
OHIM dismissed the opposition based on the following considerations:
– the earlier marks consist of descriptive and low distinctive elements such as ‘expresso’, ‘x-presso’, ‘espresso’ and ‘coffee’, for some of the goods and services.
– The trademarks HAMMER M X-PRESSO MONSTER ESPRESSO + ENERGY and MIDNIGHT M X-PRESSO MONSTER ESPRESSO + ENERGY are not visual similar to the mark applied for. There was low degree of similarity between X-PRESSO MONSTER and the later mark.
– There is low level of phonetic similarity between the marks.
– The signs are conceptually similar only regarding the coffee beverage and related services.
As a whole, according to OHIM there is no sufficient similarity between the trademarks which can create consumer confusion because most of the elements in the marks are low distinctive and can not represent a real source of origin.