Red Bull’s latest appeal against the European Central Court’s decision to invalidate its “blue and silver” trademarks has ended in failure.
The soft drinks giant registered two trademarks, the first in 2005 and the second in 2011, covering the use of the colors blue and silver, applied in a 50/50 ratio, for the purposes of selling energy drinks.
Previous rulings, which found that Red Bull had failed to meet European Union stipulations for color trademarks, were upheld.
The case against Red Bull was originally brought by Optimum Mark, a creative digital agency, which contended that Red Bull’s use of the color scheme, as presented on its products, did not “constitute a systematic arrangement associating the colors in a predetermined and uniform way” as required.
Having dismissed the appeal, Red Bull was ordered to pay Optimum Mark’s costs. It was also ordered to pay any costs incurred by the European Union Intellectual Property Office (EUIPO) in its dealings with the case.