The Serbian Intellectual Property Office has invalidated the trademark BULLDOG ENERGY DRINK for goods and services in Classes 33 and 43 of the Nice Classification. This decision recognizes that the RED BULL mark is famous in Serbia (Case 4880/08, IR 859936, December 26 2008, not yet final).
The Serbian Office held that the marks were similar from a conceptual, visual and phonetic point of view. In particular, the office found that BULLDOG ENERGY DRINK imitated Red Bull’s mark, as it consisted of:
a blue and yellow checkered device, with the word ‘bull’ written in red letters on the top-left blue square, and the word ‘dog’ written in blue letters on the top-right yellow square; and
the image of a red bulldog’s head, which gave an impression of power and energy similar to that conveyed by the image of the red bull in the RED BULL mark.
In light of the above, the office concluded that use of the BULLDOG ENERGY DRINK mark was likely to take unfair advantage of the reputation of Red Bull’s mark.
This decision seems rather better than the Israel XL – XL ruling. See:
My firm, JMB, Factor & Co. was involved in a similar trademark opposition case in Israel where RED BULL opposed an attempy against “PITBULL bit by the pit” (with device) in class 32. the applicant dropped the trademark application so it never went to the decision stage.
I’m fearful that the Pit bull requirements a exclusive sort of operator…these pet dogs, regardless of how ‘adoring’ nevertheless have teeth, are nevertheless animals not having moral concepts and once they DO bite, won’t allow go. As in all animals…some often be a lot more suseptable to instinctual habits and time and time once again, this breed tends to accomplish just that.