Trademark Caselaw | Chile | Redbull’s Opposition Against BÜLLMAISTER Cerveza (Logo) Goes to Court

Redbull GmbH recently appealed INAPI´s dismissal of its opposition against a trademark application for BÜLLMAISTER Cerveza (Logo), in class 32, for “ICPA, ale and lager beer; ale beer and porter ale, lager, stout and porter beer; beers*”, filed by Adrian G. Toro.

Redbull’s based its opposition on its registrations for Trademarks BULL and the RED BULL logos, which identify non-alcoholic beverages and beers, among other goods, as well as previous cases where the court rejected Trademark applications for BULLBIKE or BLACK BULL, among other cases.

The Red Bull logos, as registered with INAPI.

On its January 15 decision, INAPI dismissed Redbull’s opposition and found that despite the conflicting marks identified similar and, in part identical, goods; there are no determinant similarities between them other than the term “BULL”. INAPI also pointed out to the fact that both from a phonetical point of view, as well as due to the specific configuration of their logos, colors and designs such marks show determinant visual, phonetic and graphic differences.

The BÜLLMAISTER Cerveza logo, as filed by Adrián G. Toro.

On February 13, Redbull appealed INAPI’s decision, and the case will be subject to a ruling by the Industrial Property Court.

Click here to request a copy of INAPI’s or in case you wish any additional information.