Budvar wins latest round in Budweiser trademark row

03 July, 2012

Czech brewer Budějovický Budvar can continue to use the Budweiser name on its UK beer after the Court of Appeal ruled in its favour this morning.

Budvar and Anheuser-Busch, which makes rival US Budweiser beer, have shared the Budweiser trademark since 2000.

But in 2005 Anheuser-Busch started legal action to invalidate Budvar’s Budweiser mark on the grounds that its application for the registration of the mark in the UK – in1976 – predates Budvar’s 1989 application.

The Court of Appeal sought clarification from the EU Court of Justice, which in September last year ruled in Budvar’s favour, and this morning the Court of Appeal gave its judgment – all but guaranteeing Budvar’s right to maintain its Budweiser trade mark registration in the UK.

Mark Blair, partner at Marks & Clerk Solicitors, who acted for Budvar, said: “Today’s judgment allows the trademark register to reflect the reality of the situation in the market place – that both brands co-exist and have done so for many years.”

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