Judgment — ECLI:EU:T:2003:184
Date: 2003-07-03
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Likelihood of confusion with an earlier mark
Procedure: Action for annulment - unfounded
Origin: Spain

Summary of the Judgment 
Community trade mark •— Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Opposition by the proprietor of an identical or similar 
earlier mark registered for identical or similar goods or services — Risk of confusion with 
the earlier mark — Word mark 'BUD' and word mark 'BUDMEN' 
(Council Regulation No 40/94, Art. 8(1)(b)) 
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SUMMARY — CASE T-129/01 
For the public in Denmark, Ireland and the 
United Kingdom, there is a visual, phonetic 
and conceptual similarity between the 
word mark 'BUDMEN', registration of 
which as a Community trade mark is 
applied for in respect of 'clothing, footwear 
and headgear' in Class 25 of the Nice 
Agreement and the word mark BUD, pre­
viously registered in Denmark in respect of 
all products in Class 25 and in Ireland and 
the United Kingdom in respect of a series of 
products within the same class and com­
prising those referred to in the trade mark 
application. 
Given the similarity and the nature of the 
products covered by the conflicting marks, 
the differences between them are not suffi­
cient to dispel the likelihood of confusion 
in the mind of the relevant public. The 
mark applied for thus falls within the 
prohibition imposed by Article 8(1)(b) of 
Regulation No 40/94 on the Community 
trade mark. 
(see paras 47-55, 58-59, 65) 
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