Court of justice CE 29 03 2011 n 96

EC Court Justice Grand Chamber, 29 March 2011, n. 96

Sources: Dir and Jur. agr. 2011, 10, 619 (s.m.) (note: GENCARELLI)

EUROPEAN UNION - Ce - Industrial and Commercial

Summary: The judgment of the Court of first degree Ce December 16, 2008, in Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06, Budejovicky Budvar / OHIM - Anheuser Busch (BUD ), is set aside in the Court, as regards the interpretation of Article. 8 no. 4 reg. Ce of 20 December 1993. 40/94 on the Community, as amended by Reg. Ce Council February 19, 2004 n. 422, incorrectly stated at the outset that the scope of the sign in question, which can not be merely local, must be assessed solely on the basis of the geographical protection of that sign without taking into account the use of the latter in that territory, secondly, that the relevant territory to evaluate the use of the sign in question is not necessarily the area of protection of the sign itself and, finally, that the use of this sign need not take place before the date of filing of the registration of the CTM.