Case T-309/06: Action brought on 14 November 2006 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, designation of origin, trade-mark law

C 326/64

EN

Official Journal of the European Union

30.12.2006

Proprietor of the mark or sign cited in the opposition proceedings:
Werner & Mertz GmbH

Community trade mark concerned: Word mark BUD for goods in
Class 32 — application No 24 711

Mark or sign cited: The national figurative mark ‘BÚFALO’ for
goods in class 3

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

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Annulment of the Opposition
Division's decision

Pleas in law: Infringement of Article 43 of Council Regulation
No 40/94 and Rule 22 of Commission Regulation No 2868/95
as the Board of Appeal should not have taken into consideration
the proof of use filed for the first time before it and outside the
time limit set forth by the Opposition Division.

Action brought on 14 November 2006 — Budějovický
Budvar v OHIM — Anheuser-Busch (BUD)

(Case T-309/06)

(2006/C 326/136)

Language in which the application was lodged: French

Parties

Mark or sign cited in opposition: Right to the protected appellation
of origin BUD for beer

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:
Infringement of Article 62(1) of Regulation No
40/94 (1) and Article 20 of the implementing regulation No
2868/95 (2) in that the Board of Appeal does not have jurisdic-
tion to rule on the validity of the appellation of origin relied on
by the applicant in its opposition. The applicant also submits
that the sign BUD constitutes an appellation of origin protected
in France and Austria. It also relies on incorrect application of
Article 8(4) of Regulation No 40/94 in that the appellation of
origin BUD in its view does indeed constitute 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 Community
trade mark (OJ 1995 L 303, p. 1).

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

Action brought on 17 November 2006 — Republic of
Hungary v Commission of the European Communities

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, Inc.

(Case T-310/06)

(2006/C 326/137)

Language of the case: Hungarian

Form of order sought

— set aside the contested decision R 305/2005-2 of 1
September 2006 of the Second Board of Appeal of OHIM;

Parties

— reject application No 24 711 for registration of the word

mark BUD for goods in Class 32;

— transmit the decision of the Court of First Instance of the

European Communities to OHIM;

— order Anheuser-Busch to pay all the costs.

Applicant(s): Republic of Hungary (represented by: J. Fazekas)

Defendant(s): Commission of the European Communities

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: Anheuser-Busch, Inc.

— Assignment of the case to the Grand Chamber of the Court
of First Instance pursuant to Articles 14(1) and 51(1) of its
Rules of Procedure.