Court of Justice of the European Union

Budejovicky Budvar v Anheuser-Busch (Case C-482/09)

Case C-482/0920111 min read
The case in brief30-second read
Facts
Budvar and Anheuser-Busch had both used the mark BUDWEISER in the United Kingdom for beer for many years. Anheuser-Busch sought to cancel Budvar's registration.
Issue
Whether long honest concurrent use of identical marks prevents cancellation of the later mark.
Held
Long, well-established honest concurrent use of identical marks for identical goods may mean the earlier mark's functions are not harmed, so cancellation can be refused where consumers can tell the goods come from different companies.
Principle
Honest concurrent use over a long period can defeat a claim to cancel a later identical mark.
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Facts

  • Budvar and Anheuser-Busch had both used the mark BUDWEISER in the United Kingdom for beer for many years. Anheuser-Busch sought to cancel Budvar's registration.

Issue

  1. Whether long honest concurrent use of identical marks prevents cancellation of the later mark.

Held

  • Long, well-established honest concurrent use of identical marks for identical goods may mean the earlier mark's functions are not harmed, so cancellation can be refused where consumers can tell the goods come from different companies.

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Citation

Budejovicky Budvar v Anheuser-Busch (Case C-482/09) Case C-482/09

Reported: https://curia.europa.eu/juris/liste.jsf?language=en&num=C-482%2F09 (EU case; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.