Case T-165/07: Action brought on 8 May 2007 — Red Bull v OHIM — Grupo Osborne (TORO)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, beverage, leisure, service, trade-mark law

7.7.2007

EN

Official Journal of the European Union

C 155/39

Action brought on 8 May 2007 — Red Bull v OHIM —
Grupo Osborne (TORO)

(Case T-165/07)

(2007/C 155/70)

Language in which the application was lodged: English

Parties

Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented
by: H. O'Neill, Solicitor, V. von Bomhard and A. Renck, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Grupo
Osborne SA (El Puerto de Santa Maria, Spain)

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 20 February 2007 in case No R 147/
2005-4; and

— order that the costs of the proceedings be borne by the

defendant.

Pleas in law: Violation of Article 73, second sentence, of Council
Regulation No 40/94, as the Board of Appeal did not set out
clearly the basis of its decision in that it did not fully define the
material submitted by the parties.

Furthermore, a violation of Article 8(1)(b) of the regulation, as
the Board of Appeal excluded the relevance of the reputation
despite the conceptual identity of the conflicting marks and the
reputation of the earlier marks.

Finally, a violation of Article 8(5) of the regulation, as the Board
of Appeal applied the assumption that the conflicting trade
marks must be confusingly similar while it, according to the
applicant, is sufficient that the consumer may ‘establish a link’
between the two marks.

Action brought on 18 May 2007 — Italian Republic v
Commission

(Case T-166/07)

(2007/C 155/71)

Language of the case: Italian

Pleas in law and main arguments

Parties

Applicant for the Community trade mark: Grupo Osborne SA

Applicant: Italian Republic (represented by: Paolo Gentili, Avvo-
cato dello Stato)

Community trade mark concerned: The figurative mark ‘TORO’ for
products and services in classes 32, 33 and 42 — application
No 1 500 917

Defendant: Commission of the European Communities

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Form of order sought

Mark or sign cited: The national word marks ‘TORO ROSSO’ and
‘TORO ROJO’ for products in class 32 as well as national, inter-
national and Community word and figurative marks containing
the word ‘BULL’ on its own or in combination with other words
for goods and services in classes 32, 33 and 42

Decision of the Opposition Division: Opposition upheld for all the
contested goods and services with the exception of ‘providing of
temporary accommodation’

Decision of the Board of Appeal: Annulment of the Opposition
Division's decision insofar as it upholds the opposition with
regard to ‘beers’ (class 32), ‘alcoholic beverages, except wine and
beer’ (class 33) and ‘providing of food and drink, including bars,
snack-bars, restaurants, cafeterias, public houses, canteens and
wine bars’ (class 42); the registration of the Community trade
mark applied for can proceed for these products and services

— Annul Notice of Open Competition EPSO/AD/94/07 for the
drawing up of a reserve list for the recruitment of 125
Administrators (AD5) in the field of information, communi-
cation and the media;

— annul Notice of Open Competition EPSO/AST/37/07 for the
drawing up of a reserve list for the recruitment of 110
Assistants (AST3) in the field of communication and infor-
mation.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied
on in Case T-156/03 Spain v Commission.