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Case T-73/14: Action brought on 4 February 2014 — Red Bull v OHIM — Automobili Lamborghini (Representation of two bulls)
ECLI:EU:UNKNOWN:62014TN0073
62014TN0073
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Official Journal of the European Union
C 102/38
(Case T-73/14)
2014/C 102/59
Language of the case: German
Parties
Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: V. von Bomhard, J. Fuhrmann and A. Renck, lawyers, and I. Fowler, solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Automobili Lamborghini SpA (Sant’ Agata Bolognese, Italy)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2013 in Case R 1263/2012-1;
—order the defendant and, in the event of the formal intervention, also the other party before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark representing two bulls for goods in Class 12 (Community trade mark No 3 629 342)
Proprietor of the Community trade mark: Applicant
Party applying for revocation of the Community trade mark: Automobili Lamborghini SpA
Decision of the Cancellation Division: The application for revocation was granted
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009