Action brought on 11 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), pulp and paper industry, trade-mark law

17.4.2004

EN

Official Journal of the European Union

C 94/61

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Anheuser-Busch, Incorporated

Community trade mark
sought:

Word mark ‘BUD’ — Application
No 24695 in respect of goods in
Class 25 (clothing etc)

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

Applicant

Mark or sign cited in
opposition:

Appellations of origin ‘BUD’

Decision of the Opposi-
tion Division:

Opposition rejected

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

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

The applicant claims that the Court should:

— annul

the decision of
Appeal of 3 December 2003;

the defendant's Second Board of

— reject the application for the registration of BUD for Class
16 filed on 1 April 1996 on behalf of Anheuser-Busch;

— order Anheuser-Busch to pay the costs.

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

Pleas in law and main arguments:

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:

Word mark ‘BUD’ — Application
No 24729 in respect of goods in
Class 16 (paper etc)

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

Applicant

Mark or sign cited in
opposition:

Appellations of origin ‘BUD’

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

(Case T-64/04)

(2004/C 94/155)

(Language of the case: French)

the Board

Appeal dismissed

registration of

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
the mark
sought without having to demon-
strate
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.

appellations

that

the

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 11

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

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