BUD v BUD - Appellation of origin v Community trade mark applications

The beer brand wars have resulted in another judgment of the Court of First Instance (Budejovický Budvar, národní podnik -v- Office of Harmonization in the Internal Market (OHIM) - with intervener Anheuser Busch Inc. Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06 - 16 December 2008). Anheuser Busch Inc's has made applications for community trade marks for BUD for beer amongst other goods.

Budejovický Budvar, národní podnik opposed those applications relying mainly on its registeration of BUD as an appellation of origin under the Lisbon Agreement. The validity of this appellation of origin is currently subject to challenge before the courts of several member states but there has yet to be a final judgment in any of these proceedings. As a result the Court of First Instance considered that it did, at this point, provide grounds for the oppositions and hence remitted the case to OHIM.

To learn more about this case, read Wragge & Co's expert analysis.