Day: 27 September 2011

Budějovický Budvar, národní podnik v Anheuser-Busch Inc

“Acquiescence, within the meaning of article 9(1) of First Council Directive 89/104/EEC, was a concept of European Union law and the proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use, of which he had long been aware, by a third party of a later trade mark which was identical with that of the proprietor if that proprietor was not in any position to oppose that use. Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).”

(Case C-482/09); [2011] WLR (D) 279

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk