Brands: The Budweiser battle - both allowed to register

United Kingdom
BUDWEISER battle continues

The ongoing disputes between Anheuser Busch and Budejovicky Budvar Narodni Podnik (BB) have continued. The parties each applied to register BUDWEISER as a trade mark and both were allowed to proceed to registration. Both parties appealed against the decision insofar as it allowed the other party's trade marks. Anheuser Busch argued that it had always used BUDWEISER alone whereas BB had used a composite mark, BUDWEISER BUDVAR.

The appeals were dismissed with both of the BUDWEISER marks remaining on the register. The Court was bound by a previous decided case in the Court of Appeal in 1979 which had established in passing off proceedings that both parties were entitled to use the BUDWEISER mark. Also it was clear from the evidence given by traders and the public that BB's beer was commonly referred to as BUDWEISER and that there had been continual reference to BUDWEISER in advertising and promotional material.