Partner, David Birchall has written an article for the The Chartered Institute of Trade Mark Attorneys (CITMA), 'Red Bull Scores Bull's Eye'.
In 2022, Red Bull GmbH (RBG) opposed an application by Shenzhen Imiracle Technology Co Ltd (the Applicant) to register ELFBULL as a UK trade mark (UKTM). RBG had succeeded in July 2023 in an opposition against a parallel EU trade mark application by the Applicant, based on likelihood of confusion with RBG's Austrian registration of Red Bull (stylised) in class 34. RBG opposed this UK application claiming that use of the opposed mark would take unfair advantage of and/or be detrimental to the distinctive character and/or repute of Red Bull.
David Birchall reports on how an applicant's use of the opponent's mark assisted an opposition.
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