The trademark RED PILL ENERGY was filed by Caretaker Sales-Marketing Sweden AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on November 8, 2023, and received one opposition filed on February 7, 2024 by Red Bull GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2024
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Protein dietary supplements
Casein dietary supplements
Wheat dietary supplements
Soy protein dietary supplements
Dietary supplements for humans
Food supplements consisting of amino acids
Caffeine preparations for stimulative use
Vitamin drinks
Vitamin D preparations
Vitamin C preparations
Vitamin A preparations
Vitamin B preparations
Liquid vitamin supplements
Vitamin and mineral supplements
Multi-vitamin preparations
Dietetic supplement drinks
Dietary and nutritional supplements
Mineral dietary supplements for humans
Nutritional supplement meal replacement bars for boosting energy
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Hats
Sweatpants
Sweatjackets
Tee-shirts
Long shirts
Sportswear
Jogging tights
Leggings [trousers]
Shorts
Clothing for gymnastics
Training suits
Hooded sweatshirts
Hooded jumpers
Shell jackets and Softshell jackets
Function shirts
Brassieres for sports
Training shoes for indoor and outdoor use.
The mark was filed in class 32 with following description of goods:
Mineral water [beverages]
Aerated water
Non-alcoholic beverages
Beverages containing vitamins
Non-alcoholic fruit extracts
Non-alcoholic beverages containing fruit juices
Flavoured waters
Flavoured mineral water
Fruit-flavoured beverages
Low-calorie soft drinks
Flavoured carbonated beverages
Flavoured carbonated beverages
Energy drinks
Protein-enriched smoothies
Sports drinks
Energy drinks containing caffeine
Sherbets (beverages)
Fruit-based beverages
Coconut water as a beverage
Nutrient enhanced beverages
Functional water-based beverages
Carbonated nonalcoholic drinks
Preparations for making beverages
Mineral enriched water [beverages]
Soy-based beverages
Non-alcoholic vegetable juices being drinks
Water-based beverages containing tea extracts
Vitamin enriched non-alcoholic beverages
Extracts for making beverages
Aloe vera drinks, Alcohol free beverages
Non-alcoholic beverages flavoured with coffee
Fruit drinks and fruit juices
Essences for making non-alcoholic beverages
Juices
Squashes [non-alcoholic beverages]
Powders for the preparation of beverages..
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Marketing, advertising via electronic media, in particular via the internet
Advertising
Publication of publicity materials
Publication of advertising material via electronic media
Commercial trading and consumer information services
Reseller services, retail services, Wholesaling and internet sale of snacks, protein bars, puddings, Foodstuffs, Non-alcoholic beverages, Ices, food supplements, Coffee beverages, Milk beverages, Foodstuffs, Medicinal health care preparations, Dietary supplements and preparations
Distribution of goods for advertising purposes
Organizing exhibitions and Exhibitions and trade fairs for commercial purposes and publicity purposes..
The mark was filed in class 41 with following description of goods:
Organising of sporting activities and of sporting competitions
Organisation of games and competitions
Organisation of shows and entertainment events
Organisation of sporting competitions and sporting events
Organisation of shows
Organisation of sporting events
Arranging and conducting of events within sports and training
Educational services
Providing of training
Ticketing and event booking services
Sporting activities
Sports and fitness services
Arranging and providing will-call ticket services for entertainment, sports and Events for cultural purposes
Gymnasium services relating to weight training.
The mark was filed in class 43 with Services for providing snack-bars within sports, health and fitness food and Provision of information relating to the preparation of food and drink...