By: Sharon Urias, Esq.
After a long battle with a Czech brewery, Anheuser-Busch was finally granted the trademark rights for “Bud” by the European Union.
The General Court of the European Union on Tuesday ruled Czech brewery Budejovicky Budvar did not use the word “Bud” for its products to a sufficient level before Anheuser-Busch’s trademark application in 1996.
Budvar and Anheuser-Busch have been granted various trademark rights around the world, with Budvar required to use Czechar on its beer in the U.S. and Canada, and with Anheuser –Busch required to only use Bud on its beer in Austria, Germany and other EU nations.
In the late 19th century, both companies began brewing beers using the name Budweiser, which is derived from Ceske Budejovice, a town in Czechoslovakia, which in German is called Budweis. Budvar argued because they make beer in Ceske Budejovice and Anheuser-Busch does not and because the trademark is protected by designation of origin, they, and not the American beer company, should be granted the trademark.
The court, however, disagreed and ruled in favor of Anheuser-Busch stating Budvar only used the designation of origin in a few areas of the EU and the low volume of sales in those areas didn’t warrant blocking the American beer company’s registration.
In a statement released after the court’s recent ruling, Anheuser-Busch stated the company was “extremely pleased to have confirmed our right to a Bud trademark registration valid throughout the entire EU.” The statement also added they felt the ruling was “significantly important because it will assist in expanding its strong global protections for Bud and Budweiser in all countries of the EU.”
Original Article.
