Case T-351/04: 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)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, United States, action for annulment (EU), beer, beverage industry, trade-mark law

22.1.2005

EN

Official Journal of the European Union

C 19/25

— 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 453/
2002-2;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Anheuser-Busch, Inc.

Word mark BUD for goods in
Class 32 (beer, ale, porter, malted
alcoholic beverages) – Application
No 24 711

The applicant

and

German word
figurative
marks Bit, BIT, Bitte ein Bit and
Bitburger 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 Opposi-
tion Division:

Opposition rejected

Decision of
of Appeal:

Pleas in law:

the Board

Applicant's appeal dismissed

There is considerable aural simi-
larity 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

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-351/04)

(2005/C 19/55)

(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
represented by Michaela Huth-Dierig,
Bitburg (Germany),
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 447/
2002-2;

— order the defendant to pay the costs.

Applicant
munity trade mark:

for

Com-

Anheuser-Busch, Inc.

Community trade mark
sought:

Figurative mark American Bud for
goods in Classes 16, 25 and 32
(inter alia paper, clothing, beer,
ale, porter, malted alcoholic and
non-alcoholic beverages) – Appli-
cation No 398 966

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

The applicant

Mark or sign cited in
opposition:

and

German word
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 Opposi-
tion Division:

Opposition rejected

C 19/26

EN

Official Journal of the European Union

22.1.2005

the Board

Applicant's appeal dismissed

Pleas in law and main arguments:

Decision of
of Appeal:

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 protec-
tion under Article 8(5) of the
regulation

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Anheuser-Busch, Inc.

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

The applicant

and

German word
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 Opposi-
tion Division:

Opposition rejected

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)

Decision of
of Appeal:

Pleas in law:

(Language in which the application was submitted: German)

the Board

Applicant's appeal dismissed

– There is considerable aural simi-
larity 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

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
represented by Michaela Huth-Dierig,
Bitburg (Germany),
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:

Action brought on 8 October 2004 by Henkel KGaA
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-398/04)

(2005/C 19/57)

(Language of the case: German)

— 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.

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 8
October 2004 by Henkel KGaA, Düsseldorf (Germany), repre-
sented by C. Osterrieth, lawyer.