Brussels, 30/07/2010 (Agence Europe) - With its judgment in case C-214/09 P, delivered on 29 July, the Court of Justice dismissed the appeal brought by American brewer Anheuser-Busch and upheld the refusal to grant its application to have the word “Budweiser” registered as a Community trade mark for beer. The Court thus upheld the EU General Court ruling (T-191/07) dismissing the same company's appeal against the refusal of the Office for Harmonisation in the Internal Market (OHIM) to grant its registration request. The Court took the view that none of the grounds of the American company's appeal against the General Court ruling were founded.
In April 1996, Anheuser-Busch applied to OHIM for registration of the word “Budweiser” as a Community trade mark for beer and malted alcoholic and non-alcoholic beverages. OHIM turned down the request after Czech brewery Budìjovický Budvar brought opposition proceedings against such registration relying on its earlier international word mark BUDWEISER, protected in particular in Germany and Austria. The American company took the matter to the General Court, which found against it, finding that Budìjovický Budvar already held the right in Germany and Austria to use the word “BUDWEISER” commercially for beer. Dismissing Anheuser-Busch's main argument in its appeal, the General Court also held that the Czech brewery had not been obliged to produce, on its own initiative, evidence of renewal of its earlier mark during the period fixed by OHIM for the submission of evidence.
The Court of Justice upheld the General Court's view and said that Budìjovický Budvar would have been obliged to submit such evidence only if OHIM had expressly requested it. OHIM did not, however, make such a request. Furthermore, the new rules relating to the production of evidence, which came into force in 2005 and which now impose an express obligation on an opponent to produce proof of renewal of its earlier trade mark, may not be applied retroactively to the present case, the Court said. Budìjovický Budvar was not, then, required to prove renewal of its trade mark during the period set for the submission of evidence in support of its opposition and could submit the renewal certificate for the mark after that period had expired.
Taking the view that none of the grounds of appeal were founded, the Court dismissed Anheuser-Busch's appeal in its entirety. (F.G./transl.rt)