# C_2005019EN.01002601.xml

| 22.1.2005 | EN | Official Journal of the European Union | C 19/26 |
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22.1.2005

EN

Official Journal of the European Union

C 19/26

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Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-352/04)

(2005/C 19/56)

Language in which the application was submitted: German

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 24 August 2004 by Bitburger Brauerei Th. Simon GmbH, of Bitburg (Germany), represented by Michaela Huth-Dierig, lawyer. Anheuser-Busch, Inc., of St Louis (United States of America), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 June 2004 in appeal R 451/2002-2; |
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annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 June 2004 in appeal R 451/2002-2;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments:

| Applicant for Community trade mark: | Anheuser-Busch, Inc. |
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| Community trade mark sought: | Figurative mark Anheuser Busch Bud for goods in Classes 16, 25 and 32 (inter alia paper, clothing, beer, ale, porter, malted alcoholic and non-alcoholic beverages) – Application No 398 867 |
| Proprietor of mark or sign cited in the opposition proceedings: | The applicant |
| Mark or sign cited in opposition: | German word and figurative marks Bit, BIT and Bitte ein Bit for goods and services in Classes 16, 18, 20, 21, 24, 25, 28, 32, 34 and 42 (inter alia beer and non-alcoholic drinks) |
| Decision of the Opposition Division: | Opposition rejected |
| Decision of the Board of Appeal: | Applicant's appeal dismissed |
| Pleas in law: | – There is considerable aural similarity between the marks
  Article 8(1)(b) of Regulation (EC) No 40/94 was applied incorrectly
  The BIT marks with earlier priority enjoy extended protection under Article 8(5) of the regulation |

Applicant for Community trade mark:

Anheuser-Busch, Inc.

Community trade mark sought:

Figurative mark Anheuser Busch Bud for goods in Classes 16, 25 and 32 (inter alia paper, clothing, beer, ale, porter, malted alcoholic and non-alcoholic beverages) – Application No 398 867

Proprietor of mark or sign cited in the opposition proceedings:

The applicant

Mark or sign cited in opposition:

German word and figurative marks Bit, BIT and Bitte ein Bit for goods and services in Classes 16, 18, 20, 21, 24, 25, 28, 32, 34 and 42 (inter alia beer and non-alcoholic drinks)

Decision of the Opposition Division:

Opposition rejected

Decision of the Board of Appeal:

Applicant's appeal dismissed

Pleas in law:

– There is considerable aural similarity between the marks

Article 8(1)(b) of Regulation (EC) No 40/94 was applied incorrectly

The BIT marks with earlier priority enjoy extended protection under Article 8(5) of the regulation

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