CELEX: C2006/281/69
Language: en
Date: 2006-11-18 00:00:00
Title: Case T-255/06: Action brought on 15 September 2006 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)

18.11.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/39
            
         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 Budějovice, 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
   Form of order sought
   
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               annul the contested decision R 241/2005-2 of 28 June 2006 of the Second Board of Appeal of OHIM;
            
         
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               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;
            
         
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               send the decision of the Court of First Instance to OHIM;
            
         
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               order Anheuser-Busch to pay all the costs and expenses.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: 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 Community trade mark (OJ 1995 L 303, p. 1).