Asunto T-350/04: Recurso interpuesto el 24 de agosto de 2004 por Bitburger Brauerei Th. Simon GmbH contra la Oficina de Armonización del Mercado Interior (marcas, dibujos y modelos) (OAMI)

• Jurisdiction: European Union
• Published date: 07 February 2005
• Celex Number: C2005/019/54

22.1.2005 EN Official Journal of the European Union C 19/24

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Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-350/04)

(2005/C 19/54)

Language in which the application was submitted: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH, of Bitburg (Germany), represented by Michaela Huth-Dierig, lawyer. Anheuser-Busch, Inc., of St Louis (United States of America), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 June 2004 in appeal R 453/2002-2;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:	Anheuser-Busch, Inc.
Community trade mark sought:	Word mark BUD for goods in Class 32 (beer, ale, porter, malted alcoholic beverages) – Application No 24 711
Proprietor of mark or sign cited in the opposition proceedings:	The applicant
Mark or sign cited in opposition:	German word and figurative marks Bit, BIT, Bitte ein Bit and Bitburger for goods and services in Classes 16, 18, 20, 21, 24, 25, 28, 32, 34 and 42 (inter alia beer and non-alcoholic drinks)
Decision of the Opposition Division:	Opposition rejected
Decision of the Board of Appeal:	Applicant's appeal dismissed
Pleas in law:	There is considerable aural similarity between the marks Article 8(1)(b) of Regulation (EC) No 40/94 was applied incorrectly The BIT marks with earlier priority enjoy extended protection under Article 8(5) of the regulation

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