RED BULL drinks are mainly recognisable by the blue and silver colours of their cans. As the trademark consisting of this combination was refused by the European Union Intellectual Property Office (EUIPO), the company relied on infringement of its well-known trademark to challenge the registration of the figurative trademark application for GORBATSCHOW drinks.
Although the Office found that the overall design of the contested trademark did not resemble the RED BULL colour trademark, the visual similarity, particularly due to the colours, would lead the public to make a mental connection between the two trademarks. The EUIPO concluded that the design of the GORBATSCHOW attempts to capitalise on the reputation of the RED BULL trademark and therefore refused to register it. As is often the case, the Office pays particular attention to well-documented cases of reputation, such as the one filed by RED BULL.
EUIPO decision of July 17, 2025.
