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Joined Cases T-101/15 and T-102/15: Judgment of the General Court of 30 November 2017 — Red Bull v EUIPO — Optimum Mark (Combination of the colours blue and silver) (EU trade mark — Invalidity proceedings — EU trade mark consisting of a combination of the colours blue and silver — Absolute ground for refusal — Graphic representation that is sufficiently clear and precise — Need for a systematic arrangement associating the colours in a predetermined and uniform way — Legitimate expectations — Article 4 and Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62015TA0101
62015TA0101
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22.1.2018
Official Journal of the European Union
C 22/33
(Joined Cases T-101/15 and T-102/15) (<span class="super note-tag">1</span>)
((EU trade mark - Invalidity proceedings - EU trade mark consisting of a combination of the colours blue and silver - Absolute ground for refusal - Graphic representation that is sufficiently clear and precise - Need for a systematic arrangement associating the colours in a predetermined and uniform way - Legitimate expectations - Article 4 and Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation (EU) 2017/1001)))
(2018/C 022/44)
Language of the case: English
Parties
Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
Intervener in support of the applicant: Marques (Leicester, United Kingdom) (represented by: initially R. Mallinson and F. Delord, Solicitors, and subsequently R. Mallinson, Solicitor)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Optimum Mark sp. z o.o. (Warsaw, Poland) (represented by: R. Skubisz, M. Mazurek, J. Dudzik and E. Jaroszyńska-Kozłowska, lawyers)
Re:
Two actions brought against two decisions of the First Board of Appeal of EUIPO of 2 December 2014 (Case R 2037/2013-1 and Case R 2036/2013-1, respectively), relating to invalidity proceedings between Optimum Mark and Red Bull.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Red Bull GmbH to pay the costs, including those incurred by the European Union Intellectual Property Office (EUIPO) and by Optimum Mark sp. z o.o.;
3.Orders Marques to bear its own costs.
(<span class="note">1</span>) OJ C 138, 27.4.2015.