Red Bull GmbH v. WORKTOWER TRADING & INVESTMENT LIMITED

Red Bull GmbH

Decision

Overall, the marks in conflict are similar. Furthermore, the goods in Classes 5, 29, 30 and 32 are strictly identical. The identity as regards the goods outweighs the lesser similarity of the marks - they both refer to bulls but represent and qualify them differently; this justifies a finding of a likelihood of confusion due to a likelihood of association.The opponent has claimed that its ‘RED BULL mark has achieved a very high level of recognition in all parts of the European Union in respect of energy drinks. This claim must be upheld. The ‘RED BULL mark enjoys an enhanced distinctiveness in all EU Member States. This enhanced distinctiveness increases the risk that consumers will confuse the origin of the applicants beverages. The appeal is dismissed.

Comparison of Trademarks

RED BULL

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