E-Malt.com News article: Luxembourg: The ruling of the Court of First Instance is not a threat to Budweiser Budvar’s existing business activities within the EU

The Luxembourg Court of FIRST Instance has ruled in several disputes concerning the registration of so-called Community Trademarks “Budweiser” and “Bud”, with the defendant in all cases being the European Office for Harmonization in the Internal Market (hereinafter OHIM), according to Budvar’s press release, June 12. The result of No.T-71/04 proceedings regarding the registration of the “Budweiser” trademark for Class 32 products – beer and similar, is of key importance for Budweiser Budvar. The proceedings in this case were abandoned, as the adverse party had retracted its application.

As a matter of fact, Class 32 is absolutely essential in the consideration to the subject of Budweiser Budvar’s business activities. Other classes’ products (e.g. Class 14: precious metals, Class 21: cleansing utensils, Class 25: clothes, Class 29: meat etc.) are not the subject of Budweiser Budvar’s business activities. Today’s rulings are therefore not relevant to the sale of Budweiser Budvar beer and are not a threat to its existing commercial activities in the EU countries. Moreover, none of the rulings is final and after going through them thoroughly, Budweiser Budvar is going to carefully consider whether to appeal against them or not.

“The Luxembourg Court’s current rulings in the matter of the Community Trademarks have no influence whatsoever on the validity of the prior trademarks previously registered by Budweiser Budvar in the individual EU countries on a national level,” says Budweiser Budvar’s lawyer, Helena Lejtnarová. These trademarks remain valid and Budweiser Budvar’s business activities in the individual EU countries are not affected in any way. The situation in Germany, Great Britain, Austria, Slovakia and other EU member countries has therefore practically remained unchanged.

The purpose of a Community Trademark is particularly to simplify the agenda around a trademark within the European Union. In the case of the Community Trademark, only one application form is necessary to register. Additionally, the trademark’s validity is automatically extended to all the newly joined member countries in the future. There is always a rule, though that older (i.e. previous registered) national trademarks have priority over younger Community Trademarks. The holder of such an older national trademark can effectively protect itself against using a Community Trademark in a country, where its trademark is registered.


13 June, 2007