This document is an excerpt from the EUR-Lex website
Document 62013TN0078
Case T-78/13: Action brought on 7 February 2013 — Red Bull/OHIM — Sun Mark (BULLDOG)
Case T-78/13: Action brought on 7 February 2013 — Red Bull/OHIM — Sun Mark (BULLDOG)
Case T-78/13: Action brought on 7 February 2013 — Red Bull/OHIM — Sun Mark (BULLDOG)
SL C 108, 13.4.2013, p. 31–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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13.4.2013 |
EN |
Official Journal of the European Union |
C 108/31 |
Action brought on 7 February 2013 — Red Bull/OHIM — Sun Mark (BULLDOG)
(Case T-78/13)
2013/C 108/79
Language in which the application was lodged: English
Parties
Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck and I. Fowler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sun Mark Ltd (Middlesex, United Kingdom)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Second Board of Appeal of OHIM of 16 November 2012 in Case R 0107/2012-2; and |
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Order that the costs of the proceedings be borne by the defendant and by the other party to the proceedings before the Board of Appeal if they join as intervener. |
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘BULLDOG’, for goods in classes 32 and 33 — Community trade mark application No 9 215 567
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: National and international trade mark registrations of the word mark ‘BULL’ and ‘RED BULL’ for goods in classes 32 and 33
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Annulled the contested decision
Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.