In a decision on December 16, the Court of First Instance of the European Court of Justice upheld Czech company Budějovický Budvar's challenge to four applications filed by Anheuser-Busch from 1996 to 2000.
The applications, for Community trade marks, were filed by Anheuser-Busch for a sign incorporating the word Bud or the word itself in classes 32, 33, 35, 38, 41 and 42.
Budějovický Budvar opposed the applications, based on its Austrian, Benelux and Italian marks for Bud, registered for beer, and its appellation of origin for Bud, registered under the Lisbon Agreement and also protected in Austria.
OHIM's opposition division partially upheld the opposition, but in 2006 the Board of Appeal sided with Anheuser-Busch in four decisions.
Now, the Court of First Instance has annulled the Board of Appeal's decisions, saying that Budějovický Budvar's appellation of origin rights should be considered.
In a ruling on all four decisions, the Court said that the evidence provided by Budějovický Budvar of its prior rights should be considered: "The Board of Appeal made an error by not taking into account all the relevant elements of fact and law in determining whether, under Article 8(4) of Regulation No 40/94, the law of the Member State concerned confers on Budvar the right to prohibit use of a subsequent mark."
Anheuser-Busch, which has now merged with InBev, can appeal the decision.
