Source: EURLEX
Language: en
Format: md

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| 13.4.2013 | EN | Official Journal of the European Union | C 108/31 |

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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.

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