Action brought on 10 February 2004 by Budějovický Budvar, národní podnik, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fruit, trade-mark law

17.4.2004

EN

Official Journal of the European Union

C 94/55

Pleas in law and main arguments:

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

Applicant
munity trade mark:

for

Com-

Anheuser-Busch, Incorporated

The applicant claims that the Court should:

Community trade mark
sought:

Word mark
‘BUDWEISER’ —
Application No 24612 in respect
of goods in Class 16 (paper etc)

— annul

the decision of
Appeal of 3 December 2003;

the defendant's Second Board of

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition:

Applicant

Appellations
‘BUDWEISER BIER’,
BIER — BUDVAR’,
BUDVAR’

of

origin
‘BUDWEISER
‘BUDWEISER

— reject the application for the registration of BUDWEISER
for Classes 29 and 30 filed on 1 April 1996 on behalf of
Anheuser-Busch;

— order Anheuser-Busch to pay the costs.

Decision of the Opposi-
tion Division:

Opposition rejected

Pleas in law and main arguments:

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

the

of Regulation

application of Article
Incorrect
8(4)
(EC) No
40/94 (1). The applicant, entitled
in France
above-
to use
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
and without having to
France
examine whether the use of the
mark at
issue could have the
consequence of misappropriating
or weakening the reputation of
those appellations.

Applicant
munity trade mark:

for

Com-

Anheuser-Busch, Incorporated

Community trade mark
sought:

‘BUDWEISER’ —
Word mark
Application No 24638 in respect
of goods in Classes 29 and 30
(fruits etc)

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Applicant

Mark or sign cited in
opposition:

Appellations
‘BUDWEISER BIER’,
BIER —BUDVAR’,
BUDVAR’

of

origin
‘BUDWEISER
‘BUDWEISER

Decision of the Opposi-
tion Division:

Opposition rejected

(1) Council Regulation (EC) No 40/94 of 20 December 1993

on the Community trade mark (OJ 1994 L 11, p. 1).

Decision of
of Appeal:

Pleas in law:

Action brought on 10 February 2004 by Budějovický
Budvar, národní podnik, against the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM)

(Case T-55/04)

(2004/C 94/146)

(Language of the case: French)

the Board

Appeal dismissed

the

of Regulation

application of Article
Incorrect
8(4)
(EC) No
40/94 (1). The applicant, entitled
in France
above-
to use
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
issue could have the
mark at
consequence of misappropriating
or weakening the reputation of
those appellations.

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 10
February 2004 by Budějovický Budvar, národní podnik, estab-
lished in České Budějovice (Czech Republic), represented by
Fabienne Fajgenbaum, lawyer.

(1) Council Regulation (EC) No 40/94 of 20 December 1993

on the Community trade mark (OJ 1994 L 11, p. 1).