E-Malt.com News article: The Czech Republic & Portugal: Budějovický Budvar wins a dispute over the Budweiser trademark at the Portuguese Commercial Court

Czech brewery Budějovický Budvar has won a dispute over the Budweiser trademark with multinational brewing group Anheuser-Busch InBev at the Portuguese Commercial Court, Budvar's spokesman Petr Samec told ČTK on December 11.

The verdict means that Budvar has averted another attack on its Budweiser trademark, Samec said.

AB InBev tried to register four its trademarks containing a Budweiser element in Portugal in 2001 despite the fact that Budějovický Budvar owned several Budweiser trademarks in the country then.

Budvar filed a complaint against AB InBev's plans to register the trademarks at Portugal's trademark office.

The office refused to register the trademarks in 2003, but AB InBev appealed the decision at the Commercial Court which has turned down the appeal now.

”After considering all evidence and circumstances, the court came to a conclusion that Budějovický Budvar owns several registrations with the Budweiser element that are older than AB InBev's trademarks and could be mistaken for them. This means that AB InBev cannot register new trademarks in Portugal,” said Lukáš Lorenc of law office Čermák a spol., which represents Budějovický Budvar in the dispute.

Samec said Budvar has defended its trademark position and prevented AB InBev from entering the Portuguese market.

The company expects to increase exports to Portugal in the future thanks to the victory, Samec added.

Court disputes over the Budweiser trademark have dragged since 1907. Budvar has won about 70 percent of the cases.

In 2000 to 2012, a total of 173 court disputes and administrative proceedings were closed, of which Budvar won 120 cases. Ten disputes ended in a settlement or in a victory of neither of the two sides.

The registration of trademarks Budweiser and Budweiser Budvar, owned by Budvar, bans the AB InBev concern from using its flagship trademark Budweiser in almost 70 countries.


11 December, 2013