# C_2004094EN.01005401.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/54 |
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17.4.2004

EN

Official Journal of the European Union

C 94/54

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Action brought on 9 February 2004 by Budějovický Budvar, národní podnik, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-53/04)

(2004/C 94/144)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 9 February 2004 by Budějovický Budvar, národní podnik, established in České Budějovice (Czech Republic), represented by Fabienne Fajgenbaum, lawyer.

Anheuser-Busch, Incorporated, was also a party to the proceedings before the Second Board of Appeal.

The applicant claims that the Court should:

| — | annul the decision of the defendant's Second Board of Appeal of 3 December 2003; |
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annul the decision of the defendant's Second Board of Appeal of 3 December 2003;

| — | reject the application for the registration of BUDWEISER for Class 25 filed on 1 April 1996 on behalf of Anheuser-Busch; |
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reject the application for the registration of BUDWEISER for Class 25 filed on 1 April 1996 on behalf of Anheuser-Busch;

| — | order Anheuser-Busch to pay the costs. |
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order Anheuser-Busch to pay the costs.

Pleas in law and main arguments:

| Applicant for Community trade mark: | Anheuser-Busch, Incorporated |
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| Community trade mark sought: | Word mark ‘BUDWEISER’ — Application No 24620 in respect of goods in Class 25 (clothing etc) |
| Proprietor of mark or sign cited in the opposition proceedings: | Applicant |
| Mark or sign cited in opposition: | Appellations of origin ‘BUDWEISER BIER’, ‘BUDWEISER BIER – BUDVAR’, ‘BUDWEISER BUDVAR’ |
| Decision of the Opposition Division: | Opposition rejected |
| Decision of the Board of Appeal: | Appeal dismissed |
| Pleas in law: | Incorrect application of Article 8(4) of Regulation (EC) No 40/94 (1). The applicant, entitled in France to use the above-mentioned appellations of origin, submits that French law enables it to oppose the registration of the mark sought without having to demonstrate that the appellations in question possess a reputation in France and without having to examine whether the use of the mark at issue could have the consequence of misappropriating or weakening the reputation of those appellations. |

Applicant for Community trade mark:

Anheuser-Busch, Incorporated

Community trade mark sought:

Word mark ‘BUDWEISER’ — Application No 24620 in respect of goods in Class 25 (clothing etc)

Proprietor of mark or sign cited in the opposition proceedings:

Applicant

Mark or sign cited in opposition:

Appellations of origin ‘BUDWEISER BIER’, ‘BUDWEISER BIER – BUDVAR’, ‘BUDWEISER BUDVAR’

Decision of the Opposition Division:

Opposition rejected

Decision of the Board of Appeal:

Appeal dismissed

Pleas in law:

Incorrect application of Article 8(4) of Regulation (EC) No 40/94 (1). The applicant, entitled in France to use the above-mentioned appellations of origin, submits that French law enables it to oppose the registration of the mark sought without having to demonstrate that the appellations in question possess a reputation in France and without having to examine whether the use of the mark at issue could have the consequence of misappropriating or weakening the reputation of those appellations.

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(1)   Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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