“Budweiser” not as Community Trademark registrable

The European Court of First Instance has ruled, the by Czech Brewer Budějovický Budvar, národní podnik (Budvar Brewery) registered international trademark “BUDWEISER” (protected territory: BeNeLux-Countries, Germany, Austria and Italy) is an earlier trademark as per Art. 8 Para. 1 (a) and (b) Council Regulation (EC) No 40/94. Therefore American Brewer Anheuser-Busch can not register the term “BUDWEISER” as Community Trademark.

Print ads featuring pictures of the earlier trademark may be considered proof that the earlier Trademark has been put to genuine use as per Art. 43 Para. 1 and 2 Council Regulation (EC) No 40/94.

European Court of First Instance, T-191/07, 25. March 2009