Red Bull's Wings Are Clipped

A recent UK Intellectual Property Office (UKIPO) invalidity decision provides a good reminder in relation to non-use aspects of trade mark opposition and invalidity actions.

An trade mark invalidity application can be issued to challenge the registration of a trade mark (warning: trade marks can be subject to challenge even when registered). In case O/0815/24 Red Bull GmbH applied to invalidate Ahura Middle East General Trading's UK trade mark no. 918006230 for WAR WINGS (figurative) in relation to "energy drinks; beer".

Red Bull based its invalidity application on its GIVES YOU WINGS (word) UK trade mark no. 900635391 which is registered in relation to "non-alcoholic beverages, namely energy drinks". Red Bull took a position that there was a likelihood of confusion between its GIVES YOU WINGS trade mark and the WAR WINGS trade mark, and also that the WAR WINGS trade mark would damage the reputation Red Bull has in its GIVES YOU WINGS mark.