Source: EURLEX
Language: en
Format: md

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| 24.12.2005 | EN | Official Journal of the European Union | C 330/23 |

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Action brought on 26 September 2005 — Anheuser-Busch/OHIM

(Case T-366/05)

(2005/C 330/57)

Language in which the application was lodged: English

Parties

Applicant(s): Anheuser-Busch, Inc. (St. Louis, USA) [represented by: V. von Bomhard, A. Renck, A. Pohlmann, G. Burkhart, lawyers]

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

Other party/parties to the proceedings before the Board of Appeal: Budějovický Budvar, národní podnik (České Budějovice, Czech Republic)

Form of order sought

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| — | Partially annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 July 2005 (Case R 514/2004-2), namely insofar as the application was rejected for goods in class 33, and |

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| — | Order that the costs of the proceedings be borne by the defendant. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘BUDWEISER’ for goods in classes 32 and 33 — application No 1 603 489

Proprietor of the mark or sign cited in the opposition proceedings: Budějovický Budvar, národní podnik

Mark or sign cited: The international figurative marks and word mark ‘BUDWEISER’ and ‘BUDWEISER BUDVAR’ for goods in classes 31 and 32

Decision of the Opposition Division: Opposition upheld for all the contested goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as there is no likelihood of confusion between the conflicting marks. The goods are sufficiently dissimilar to exclude any confusion on the part of the consumer.

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