Case T-255/06: Action brought on 15 September 2006 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, trade-mark law

18.11.2006

EN

Official Journal of the European Union

C 281/39

Pleas in law and main arguments

By the first plea in his appeal, the applicant submits that the
Tribunal committed a breach of procedure adversely affecting
his right to a fair hearing in that he was not able to submit his
observations regarding the documents on which the Tribunal
based its arguments and that certain matters raised by the
applicant and documents lodged during the procedure were
not taken into consideration. By his second plea, the applicant
claims that the Tribunal infringed Community law by distorting
the pleas relied on in the action and by incorrectly interpreting
the provisions of the Staff Regulations of officials of the Euro-
pean Communities. He also submits that the Tribunal made
manifest errors of assessment of the facts.

Action brought on 15 September 2006 — Budějovický
Budvar v OHIM — Anheuser-Busch (BUD)

(Case T-255/06)

(2006/C 281/69)

Language in which the application was lodged: French

Parties

Applicant: Budějovický Budvar, národní podnik (České Budějo-
vice, Czech Republic) (represented by: F. Fajgenbaum, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal of OHIM:
Anheuser-Busch, Incorporated

Community trade mark concerned: Figurative mark ‘BUD’
for
goods in Classes 16, 21, 25 and 32 — Application No
1 257 849

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant

Mark or sign cited in opposition: Protected designation of origin
‘BUD’ to designate beer

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 62(1) of Regulation No
40/94 (1)and Article 20 of
implementing Regulation No
2868/95 (2) in that the Board of Appeal is not competent to
rule on the validity of the designation of origin invoked by the
applicant in the context of its opposition. It further submits
that
the sign ‘BUD’ constitutes a designation of origin,
protected in both France and Austria. The applicant also
invokes misapplication of Article 8(4) of Regulation No 40/94
in that, in its view, the designation of origin ‘BUD’ is indeed a
sign used in the course of trade.

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

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

(2) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark (OJ 1995 L 303, p. 1).

Action brought on 15 September 2006 — Budějovický
Budvar v OHIM — Anheuser-Busch (word mark ‘BUD’)

(Case T-257/06)

(2006/C 281/70)

Language in which the application was lodged: French

Form of order sought

— annul the contested decision R 241/2005-2 of 28 June

2006 of the Second Board of Appeal of OHIM;

— reject application No 1 257 849 for registration of

the
Community trade mark ‘BUD’ for all of the goods which it
designates in Classes 16, 21, 25 and 32;

Parties

— send the decision of the Court of First Instance to OHIM;

— order Anheuser-Busch to pay all the costs and expenses.

Applicant: Budějovický Budvar, národní podnik (České Budějo-
vice, Czech Republic) (represented by: F. Fajgenbaum, lawyer)

Pleas in law and main arguments

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Applicant for the Community trade mark: Anheuser-Busch, Incor-
porated

Other party to the proceedings before the Board of Appeal of OHIM:
Anheuser-Busch, Incorporated