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.

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