Two drinks giants must share a trademark in the UK, the European Court of Justice (ECJ) has ruled
Anheuser-Busch, which makes US Budweiser beer, has lost its attempt to legally force its Czech rival Budějovický Budvar to stop using the “Budweiser” name in the UK.
In 2000, both companies were given permission by the Court of Appeal to simultaneously register the trademark as they had a long-standing and honest history of co-existence in the UK market.
That changed in 2005, when Anheuser-Busch started legal action to invalidate their rival’s use of the trademark on the grounds that their 1976 registration predates Budvar’s 1989 application. The Court of Appeal sought clarification from the ECJ, which last week ruled in Budvar’s favour.
Mark Blair, partner at Marks & Clerk Solicitors, which acted for Budvar, said: “The two brands have co-existed in the UK for decades, differing in taste, price, and get up.
“The identical nature of the ‘Budweiser’ marks is an honest, historical co-incidence, and causes no significant confusion amongst UK consumers.This is effectively a very strong endorsement from the [ECJ] of Budvar’s right to the ‘Budweiser’ name in the UK, and of the underlying principles of trademark law in general—it sends a clear message that you cannot simply cancel a trademark that has been used for 30 plus years in good faith.”
