Action brought on 7 February 2013 - Red Bull/OHIM - Sun Mark (BULLDOG)

(Case T-78/13)

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:

Annul the decision of the Second Board of Appeal of OHIM of 16 November 2012 in Case R0107/2012-2; and

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.

____________