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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 17, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):390-392; doi:10.1093/jiplp/jpp058
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Appellations of origin defeat CTM application for BUD

Louise Popple, Adam Rendle and Anna Suchopar
Taylor Wessing LLP

Budejovicky Budvar, národní podnik v OHIM, Anheuser-Busch, Inc. as intervener (Joined Cases T-225/06, T-255/06, T-257/06, and T-309/06) Court of First Instance (CFI), 16 December 2008

The CFI considered the application of Article 8(4) of the Community Trade Mark Regulation where an earlier sign used in the course of a trade is a national appellation of origin. Reversing earlier decisions, the CFI held that Budvar's national appellations of origin for ‘bud’ were ‘sign[s] used in the course of trade of more than mere local significance’ which conferred on Budvar ‘the right to prohibit the use of’ the mark BUD by Anheuser-Busch.

Correspondence: Email: l.popple{at}taylorwessing.com


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