Trade mark decision

BL Number: O/071/01
Decision date: 13 February 2001
Hearing Officer: Mr A James
Mark: BUD
Classes: 32
Registered proprietor: Budejovicky Budvar Narodni Podnik
Opponent: Anheuser-Busch Inc
Opposition: Section 46(1)(b)

Result

Section 46(1)(b): - Application for revocation failed.

Points Of Interest

1. The Hearing Officer’s decision was appealed to the Appointed Person. In his decision dated 2 November 2001 (BL O/504/01) the Appointed Person referred the case to the High Court as he considered that a point of general legal importance was at issue.
2. In the High Court before Simon Thorley QC (Deputy Judge). This case was heard with BL O/178/01 (Revocation of BUDWEISER BUDBRAU) and BL O/200/01 (Application for invalidity in respect of mark BUD). In the matter of this case the Hearing Officer’s decision was upheld. (See BUD and BUDWEISER BUDBRAU Trade Marks [2002] RPC 38 page 747).
3. The applicant appealed to the Court of Appeal. Again the Hearing Officer’s decision was upheld. (See BUD and BUDWEISER BUDBRAU Trade Marks [2003] RPC 25 page 477).

Summary

A complex case came down to certain key issues : was use of the mark in capital letters use of the registered mark; was the use of “Bud-Budweis-Budweiser” use of three marks or one composite mark; was the use of Bud, use in relation to beer; was the nature and scale of use “genuine use” of the registered mark? The Hearing Officer resolved these questions in favour of the registered proprietor.

Full decision O/071/01 36Kb