The trademark RED BULL was filed by Red Bull GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 20, 1999, and received one opposition filed on September 15, 1999 by Klaus, Volkmar on Likelihood of confusion. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 1999
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2001.The first Cancellation was filed by The Procter & Gamble Company (represented by Wolfgang May) on February 4, 2009 and Final decision on costs – Request withdrawn.The second Cancellation was filed by OLIMP LABORATORIES Sp. z o.o. (represented by ???) on January 14, 2019 and Final decision on costs – Request withdrawn.
Two renewals of the trademark were recorded, one on June 5, 2006, and the other one on February 2, 2016.
A transfer of the trademark registration was recorded on November 14, 2001. Change of name and professional address of the trademark registration was recorded on March 24, 2006. Change of name and professional address of the trademark registration was recorded on June 24, 2007. Change of name and address of the trademark registration was recorded on July 1, 2007. Claims of seniority of the trademark registration was recorded on July 8, 2007. Claims of seniority of the trademark registration was recorded on July 8, 2007. Claims of seniority of the trademark registration was recorded on July 15, 2007. Claims of seniority of the trademark registration was recorded on July 15, 2007. Claims of seniority of the trademark registration was recorded on July 15, 2007. Claims of seniority of the trademark registration was recorded on July 15, 2007. Claims of seniority of the trademark registration was recorded on July 15, 2007. Claims of seniority of the trademark registration was recorded on August 5, 2007. Claims of seniority of the trademark registration was recorded on September 10, 2007. Appointment and Replacement of representative of the trademark registration was recorded on September 10, 2007. Relative errors of the trademark registration was recorded on September 16, 2007. Cancellations of seniority of the trademark registration was recorded on September 23, 2007. Change of name and professional address of the trademark registration was recorded on November 25, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on May 12, 2008. Change of name and professional address of the trademark registration was recorded on May 10, 2010. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on July 29, 2010. Claims of seniority of the trademark registration was recorded on November 16, 2011. Claims of seniority of the trademark registration was recorded on January 6, 2014. Partial Surrender of the trademark registration was recorded on June 2, 2014. Partial Surrender of the trademark registration was recorded on September 22, 2016. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on April 11, 2018. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 31, 2019.
The application claimed as seniority of the Republic of Austria trademark null registered on February 23, 1995 and filed on February 23, 1995 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
The mark was filed in class 5 with following description of goods:
Pharmaceutical, veterinary and sanitary preparations, in particular fortifying and strengthening preparations, namely vitamin preparations and tonics and preparations and products containing minerals and/or vitamins and/or trace elements for healthcare purposes
Dietetic substances adapted for medical use, food for babies
Plasters, materials for dressings
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides.
The mark was filed in class 9 with following description of goods:
Photographic, cinematographic, optical, measuring, signalling, checking (supervision) and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus
Machine-readable data carriers of all types with programs installed
Clothing to protect against accidents, including protective goggles and sunglasses
Coin-operated fruit machines and amusement machines.
The mark was filed in class 12 with following description of goods:
Vehicles for locomotion by land, air or water, including bicycles, golf carts and prams, and parts of vehicles for locomotion by land, air or water
Apparatus for locomotion by land, air or water
Car accessories, in particular trailer couplings, luggage racks, ski racks, mudguards, snow chains, wind deflectors, head rests, safety belts, child safety seats
Bicycle accessories, namely dress guards for bicycles, luggage carriers for bicycles, bells, air pumps.
The mark was filed in class 14 with following description of goods:
Goods of precious metals and their alloys or coated therewith, namely craft objects, decorative objects, tableware (except cutlery), epergnes, ashtrays, cigar and cigarette cases, cigar and cigarette holders
Jewellery, precious stones, including costume jewellery and cufflinks and tiepins
Horological and chronometric instruments and cases therefor.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, namely face towels of paper, table napkins, filter paper, handkerchiefs of paper, toilet paper, nappies of paper, packaging containers and bags
Printed matter
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials, namely drawing, painting and modelling goods
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging, included in Class 16
Playing cards
Printers' type
Printing blocks.
The mark was filed in class 18 with following description of goods:
Goods of leather and imitations of leather, namely bags and other containers not suitable for carrying objects, and small goods of leather, in particular purses, pocket wallets, key wallets
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Goods (included in Class 20) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Coffee or cocoa preparations for the manufacture of non-alcoholic drinks
Cereals for human consumption, in particular oat flakes and other cereal flakes
Flavourings for food
Allspice
Almond confectionery
Almond paste
Aniseed
Aromatic preparations for food
Barley (Crushed - )
Barley (Husked - )
Barley meal
Bean meal
Bee glue [propolis] for human consumption
Beer vinegar
Beverages (Chocolate-based - )
Beverages (Cocoa-based - )
Beverages (Coffee-based - )
Beverages (Flavorings [flavourings], other than essential oils, for - )
Binding agents for ice cream [edible ices]
Biscuits
Bread (Ginger - )
Bread rolls
Buns
Cake paste
Cake powder
Cakes
Cakes (Edible decorations for - )
Cakes (Flavorings [flavourings], other than essential oils, for - )
Candy for food
Capers
Caramels [candy]
Celery salt
Cereal preparations
Chips [cereal products]
Chocolate beverages with milk
Chocolate-based beverages
Chow-chow [condiment]
Christmas trees (Confectionery for decorating - )
Cinnamon [spice]
Cloves [spice]
Cocoa beverages with milk
Cocoa products
Cocoa-based beverages
Coffee (Unroasted - )
Coffee beverages with milk
Coffee flavorings [flavourings]
Coffee substitutes (Vegetal preparations for use as - )
Coffee-based beverages
Condiments
Confectionery for decorating
Christmas trees
Cookies
Cooking salt
Corn [milled]
Corn [roasted]
Corn (Pop - )
Corn flakes
Corn flour
Corn meal
Couscous [semolina]
Cream (Ice - )
Curry [spice]
Decorations for cakes (Edible - )
Dressings (Salad - )
Edible ices
Essences for foodstuffs [except etheric essences and essential oils]
Farinaceous food pastes
Farinaceous foods
Ferments for pastes
Flakes (Corn - )
Flakes (Maize - )
Flavorings, other than essential oils
Flavorings, other than essential oils, for beverages
Flavorings, other than essential oils, for cakes
Flavourings, other than essential oils
Flavourings, other than essential oils, for beverages
Flavourings, other than essential oils, for cakes
Flour for food
Flour-milling products
Fondants [confectionery]
Foods (Farinaceous - )
Foodstuffs (Essences for - ) [except etheric essences and essential oils]
Ginger [spice]
Gingerbread
Glucose for food
Gluten for food
Golden syrup
Groats for human food
Gruel, with a milk base, for food
Ice cream
Ice cream (Binding agents for - )
Ice for refreshment
Ice, natural or artificial
Ices (Binding agents for edible - )
Ices (Edible - )
Ices (Powder for edible - )
Infusions, not medicinal
Jelly (Royal - ) for human consumption [not for medical purposes]
Ketchup [sauce]
Leaven
Liquorice [confectionery]
Lozenges [confectionery]
Macaroni
Macaroons [pastry]
Maize [milled]
Maize [roasted]
Maize flakes
Maize flour
Maize meal
Malt biscuits
Malt extract for food
Malt for food
Maltose
Marzipan
Mayonnaise
Meal
Meat pies
Meat tenderizers, for household purposes
Mint for confectionery
Molasses for food
Mustard meal
Noodles
Nutmegs
Oat-based food
Oatmeal
Oats (Crushed - )
Oats (Husked - )
Pancakes
Pasta
Paste (Almond - )
Paste (Cake - )
Pastes (Farinaceous food - )
Pastilles [confectionery]
Pastries
Pasty
Pate [pastries]
Peanut confectionery
Pepper
Peppermint sweets
Peppers [seasonings]
Petit-beurre biscuits
Petits fours [cakes]
Pies
Pies (Meat - )
Pizzas
Popcorn
Potato flour for food
Powder (Cake - )
Powders for ice cream
Pralines
Preserving foodstuffs (Salt for - )
Propolis [bee glue] for human consumption
Puddings
Ravioli
Relish [condiment]
Ribbon vermicelli
Rolls (Bread - )
Royal jelly for human consumption [not for medical purposes]
Rusks
Saffron [seasoning]
Salad dressings
Salt (Cooking - )
Salt for preserving foodstuffs
Sandwiches
Sauce (Tomato - )
Sauces [except salad dressings]
Sausage binding materials
Sea water [for cooking]
Seasonings
Semolina
Sherbets [ices]
Sorbets [ices]
Soya flour
Spaghetti
Star aniseed
Starch for food
Starch products for food
Stick liquorice [confectionery]
Stiffening whipped cream (Preparations for - )
Sugar confectionery
Sushi
Sweeteners (Natural - )
Sweetmeats [candy]
Sweets (Peppermint - )
Tapioca flour for food
Tarts
Thickening agents for cooking foodstuffs
Tomato sauce
Turmeric for food
Unleavened bread
Vanilla [flavoring] [flavouring]
Vanillin [vanilla substitute]
Vegetal preparations for use as coffee substitutes
Vermicelli [noodles]
Vermicelli (Ribbon - )
Waffles
Water (Sea - ) [for cooking]
Weeds [condiment]
Wheat flour
Whipped cream (Preparations for stiffening - )
None of the aforementioned goods including chicory [coffee substitute].
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other nonalcoholic drinks
Fruit drinks and fruit juices
Syrups and other preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beers).
The mark was filed in class 34 with Lighters.
The mark was filed in class 35 with following description of goods:
Advertising, in particular promotion of the aforesaid goods and of competitive events, including competitive events of a sporting nature
Arranging of advertising
Distribution of goods for advertising purposes
Organisation consultancy
Organisation of trade fairs and exhibitions for commercial and advertising purposes.
The mark was filed in class 37 with Repair or maintenance of aircraft and vehicles.
The mark was filed in class 39 with following description of goods:
Transport of persons and goods by air, road, rail, and boat
Travel arrangement, arrangement of tourist services, sightseeing, escorting of travellers
Rental of aircraft and vehicles
Parcel delivery.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment, in particular musical performances and radio and television entertainment
Sporting and cultural activities, in particular the operation of racing and sporting teams, in particular in the motorsport sector and the staging of sports competitions
Organisation of trade fairs and exhibitions for cultural and educational purposes
Academies [education]
Amusement parks
Amusements
Animal training
Arranging and conducting of colloquiums
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging and conducting of seminars
Arranging and conducting of symposiums
Boarding schools
Bookmobile services
Books (Publication of - )
Camp services (Holiday - ) [entertainment]
Camp services (Sport - )
Casino facilities [gambling] (Providing - )
Cine-films (Rental of - )
Cinema facilities (Providing - )
Circuses
Club services [entertainment or education]
Colloquiums (Arranging and conducting of - )
Competitions (Organization of - ) [education or entertainment]
Competitions (Organization of sports - )
Conferences (Arranging and conducting of - )
Congresses (Arranging and conducting of - )
Correspondence courses
Discotheque services
Diving equipment (Rental of skin - )
Education information
Educational examination
Educational services
Entertainer services
Entertainment information
Film production
Gaming
Golf facilities (Providing - )
Gymnastic instruction
Health club services
Holiday camp services [entertainment]
Information (Education - )
Information (Entertainment - )
Information (Recreation - )
Instruction services
Lending libraries
Libraries (Lending - )
Library services (Mobile - )
Live performances (Presentation of - )
Mobile library services
Modelling for artists
Motion pictures (Rental of - )
Movie projectors and accessories (Rental of - )
Movie studios
Movie theatre facilities (Providing - )
Museum facilities (Providing - ) [presentation, exhibitions]
Music-halls
Nursery schools
Orchestra services
Organization of competitions [education or entertainment]
Organization of sports competitions
Parks (Amusement - )
Party planning [entertainment]
Performances (Presentation of live -)
Physical education
Planning (Party - ) [entertainment]
Practical training [demonstration]
Production (Video tape film - )
Production of radio and television programmes
Production of shows
Providing sports facilities
Publication of books
Publication of texts [other than publicity texts]
Radio and television programmes (Production of - )
Radio and television sets (Rental of - )
Recording studio services
Recreation facilities (Providing - )
Recreation information
Rental of cine-films
Rental of motion pictures
Rental of movie projectors and accessories
Rental of radio and television sets
Rental of show scenery
Rental of skin diving equipment
Rental of sound recordings
Rental of sports equipment [except vehicles]
Rental of stadium facilities
Rental of stage scenery
Rental of video tapes
Schools (Boarding - )
Schools (Nursery - )
Seminars (Arranging and conducting of - )
Show scenery (Rental of - )
Shows (Production of - )
Sound recordings (Rental of - )
Sport camp services
Sports equipment (Rental of - ) [except vehicles]
Sports events (Timing of - )
Stadium facilities (Rental of - )
Stage scenery (Rental of - )
Studios (Movie - )
Symposiums (Arranging and conducting of - )
Teaching
Television programmes (Production of radio and - )
Television sets (Rental of radio and - )
Texts (Publication of - ), other than publicity texts
Theatre productions
Theatrical booking agencies
Timing of sports events
Training (Animal - )
Training (Practical - ) [demonstration]
Tuition
Video tape film production
Video tapes (Rental of - )
Zoological gardens
None of the aforementioned services including rental of video cassette recorders.
The mark was filed in class 42 with following description of goods:
Providing of food and drink and temporary accommodation
Exploitation of industrial property rights
Technical consultancy and providing of expert opinions, including computer programming.