skip to main content skip to accessibility policy

Articles & Updates – Details

30 July 2010

ECJ Finds for Czech Bud in the Latest Battle of the Budweisers

ECJ Finds for Czech Bud in the Latest Battle of the Budweisers

Case C-214/09 P Anheuser-Busch Inc v OHIM

The ECJ have just issued their ruling in connection with the above case, upholding the decision of the Court of First Instance (General Court) that Anheuser-Busch (now AB Inbev) should be prevented from registering the word BUDWEISER as a Community trade mark for beer, ale, porter, malted alcoholic and non-alcoholic beverages in class 32. The application was successfully opposed by Budvar on the basis of earlier international word marks for BUDWEISER registered for beer of any kind in four member states of the EU, and further international figurative trade marks containing the words 'Budweiser Budvar' together with a number of appellations of origin all of which included the word 'Budweiser'.

The ECJ agreed that Budvar had adequately evidenced use of their earlier rights in at least Germany and Austria and such was sufficient on which to base the successful opposition.

The battle is sure to continue however, with no overall clear winner. AB Inbev still holds the trade mark rights for the words BUD or BUDWEISER in 23 of the 27 EU countries, and the decision to refuse registration of a Community trade mark has no bearing on the standing of these EU national rights.

 

Bookmark and Share
News

Follow us

Newsletter subscriptions

In support of our environmental policy we encourage email subscriptions to receive our patent and trade mark newsletters as soon as they are published. Please send your contact details to subscriptions@dyoung.com.

For RSS users

Our RSS news feeds allow you to see when we have added new content to our website so you can get the latest site updates in one place, as soon as they are published.

Social media

Privacy Policy

We are committed to protecting and respecting your privacy. To understand our views and practices regarding your personal data and how we will treat it please see www.dyoung.com/privacypolicy