Appellations of origin defeat CTM application for BUD

Abstract

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.