"... From 1996 to 2000 the American brewery Anheuser-Busch applied ... for the registration of the word and figurative signs BUD as Community trade marks for various kinds of goods, including beer. The Czech brewery Budějovický Budvar filed notices of opposition against the registration of the Community trade marks, in respect of all the goods referred to. In support of its oppositions, the Czech firm relied on the existence of the appellation of origin ‘bud’, as protected in France, Italy and Portugal under the Lisbon Agreement and in Austria under bilateral treaties concluded between Austria and the former Czechoslovak Socialist Republic.

OHIM dismissed Budějovický Budvar’s oppositions in their entirety, on the ground in particular that the evidence of the use of the appellation of origin ‘bud’ in Austria, France, Italy and Portugal produced by the Czech firm was insufficient. Budějovický Budvar brought actions before the General Court, which, in an earlier judgment, annulled OHIM’s decisions rejecting the Czech brewery’s oppositions. Anheuser-Busch appealed ... to the Court of Justice, which set it aside in part.

The Court of Justice held in particular that a geographical indication protected in a Member State could prevent registration of a Community trade mark only if it was actually used in a sufficiently significant manner in the course of trade in a substantial part of the territory of that State. As the state of the proceedings did not permit judgment to be given by the Court of Justice, it referred the cases back to the General Court for judgment. The General Court thus had to examine whether, in the light of the judgment on appeal delivered by the Court of Justice, the use by Budějovický Budvar of the appellation of origin ‘bud’ enabled it to oppose the registration applied for by Anheuser-Busch.

By its judgment of today, the General Court finds, first, that in Case T-309/06 RENV Budějovický Budvar did not produce before OHIM any item of evidence capable of showing the use – before the date of filing of Anheuser-Busch’s application for a Community trade mark, which was 1 July 1996 – of an earlier sign in the course of trade of more than mere local significance. The Court therefore dismisses the application in this case.

Next, in the other cases, the General Court observes that the Czech brewery produced before OHIM invoices to show actual use of the appellation ‘bud’ in France. The Court finds that some of those invoices must be discarded from the analysis, as they are subsequent to the date of filing of the application for registration of the Community trade mark concerned. The Court also finds that the other invoices produced relate to a very limited volume of products and that the relevant deliveries were limited to three towns at most in French territory, Thiais, Lille and Strasbourg. In those circumstances, the Court holds that the condition of use in the course of trade of a sign of more than mere local significance is not satisfied as regards French territory.

Similarly, the Court observes that the documents produced by Budějovický Budvar to show actual use of the appellation ‘bud’ in Austria attest to sales that are very low in terms both of volume and turnover. Furthermore, while the Czech brewery sold beer under that name in several towns in Austria, sales outside Vienna represent negligible volumes. The Court concludes that the condition of use in the course of trade of a sign of more than mere local significance is not satisfied as regards Austrian territory either.

Under those circumstances, the Court dismisses the actions brought by Budějovický Budvar in their entirety".