Podnik v Anheuser-Busch Inc [2002] EWCA Civ 1534 (29 October 2002)

Podnik v Anheuser-Busch Inc [2002] EWCA Civ 1534 (29 October 2002)

The hearing officers were entitled to find that the use of the marks by Budejovicky Budvar Narodni Podnik, including use in block capitals and on packaging, did not alter the distinctive character of the registered marks and constituted genuine use under s.46(2) and s.46(1)(a) of the Trade Marks Act 1994. The judge at first instance erred in interfering with the hearing officers' decisions absent any error of principle.

Citation
[2002] EWCA Civ 1534
Parties
Appellant in the 1st Appeal/respondent in the 2nd Appeal: Budejovicky Budvar Narodni Podnik; Respondent in the 1st Appeal/appellant in the 2nd Appeal: Anheuser-Busch Inc
Jurisdiction
England and Wales
Judgment Date
29 October 2002
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From Chancery Division
Outcome
First appeal allowed; second appeal dismissed.
Legal Topics
Trade Marks, Revocation of Registration, Genuine Use, Distinctive Character, Section 46 Trade Marks Act 1994
Intellectual Property Trade Marks Revocation of Registration Genuine Use Distinctive Character Section 46 Trade Marks Act 1994

Case Brief

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Parties

Budejovicky Budvar Narodni Podnik

Appellant in the 1st Appeal/respondent in the 2nd Appeal

Anheuser-Busch Inc

Respondent in the 1st Appeal/appellant in the 2nd Appeal

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From Chancery Division

Legal Issues

  1. 1 Whether use of a trade mark in a form differing in elements which do not alter the distinctive character of the mark constitutes genuine use under s.46(2) of the Trade Marks Act 1994
  2. 2 Whether the use of the mark was 'genuine use' under s.46(1)(a)

Ratio Decidendi

The hearing officers were entitled to find that the use of the marks by Budejovicky Budvar Narodni Podnik, including use in block capitals and on packaging, did not alter the distinctive character of the registered marks and constituted genuine use under s.46(2) and s.46(1)(a) of the Trade Marks Act 1994. The judge at first instance erred in interfering with the hearing officers' decisions absent any error of principle.

Court Disposition

First appeal allowed; second appeal dismissed.

Orders

  • Reinstatement of the hearing officer's dismissal of Anheuser-Busch Inc's application to revoke the Budweiser Budbräu trade mark registration.
  • Dismissal of Anheuser-Busch Inc's application to revoke the BUD trade mark registration.