Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document C2006/261/39

    Case T-225/06: Action brought on 26 August 2006 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)

    OJ C 261, 28.10.2006, p. 20–21 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.10.2006   

    EN

    Official Journal of the European Union

    C 261/20

    Action brought on 26 August 2006 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)

    (Case T-225/06)

    (2006/C 261/39)

    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

    —

    annul the contested decision of 14 June 2006 of the Second Board of Appeal of OHIM;

    —

    reject the application for registration of the word mark ‘BUD’ No 1 603 539 to designate goods in Classes 32 and 33;

    —

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

    —

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

    Pleas in law and main arguments

    Applicant for a Community trade mark: Anheuser-Busch Incorporated

    Community trade mark concerned: Word mark ‘BUD’ for goods in Classes 32 and 33 — Application No 1 603 539

    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 also submits that the sign ‘BUD’ constitutes a designation of origin, protected in both France and Austria. The applicant moreover 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)

    Top