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- 2. Background. Anheuser-Busch was founded in 1852In 1876, Anheuser-Busch begins making BUDWEISERAnheuser-Busch is currently engaged in a long-running trademark dispute with the Czech brewer, Budejovicky BudvarBudejovicky Budvar was founded in 1895 -19 years after Anheuser-Busch began making
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1. - 1 BUDFrom Our House to Yours: A Russian Success Story
2. - 2 Background Anheuser-Busch was founded in 1852
In 1876, Anheuser-Busch begins making BUDWEISER
Anheuser-Busch is currently engaged in a long-running trademark dispute with the Czech brewer, Budejovicky Budvar
Budejovicky Budvar was founded in 1895
-19 years after Anheuser-Busch began making BUDWEISER in the United States
Registration of BUDWEISER
-First registered by Anheuser-Busch in 1878
-First registered by Budejovicky Budvar in mid-1930s
The dispute is centered in Europe
3. - 3 BUD History of Dispute in Russia Anheuser-Busch files trademark application for BUD on 16 June 1989
Budejovicky Budvar files trademark application for BUD on 3 October 1989
Budejovicky Budvars BUD trademark is registered
Anheuser-Busch files to cancel Budejovicky Budvars BUD registration; registration is cancelled
First impediment to registration removed
Rospatent refuses registration of Anheuser-Buschs BUD trademark on a variety of grounds
Anheuser-Busch files response to refusal and successfully argues for the withdrawal of refusal
Second impediment to registration overcome
Budejovicky Budvar applies to register BUD as an appellation of origin
4. - 4 Appellation of Origin--Background Definition: An Appellation of Origin is:
A geographic term;
Which designates the origin of a product; and
Where the nature or quality of the product is due exclusively to the geographic origin of the product.
Example: Bourdeaux for wine.
5. - 5 BUD History of Dispute in Russia Anheuser-Busch files trademark application for BUD on 19 June 1989
Budejovicky Budvar files trademark application for BUD on 3 October 1989
Budejovicky Budvars BUD trademark is registered
Anheuser-Busch files to cancel Budejovicky Budvars BUD registration; registration is cancelled
First impediment to registration removed
Rospatent refuses registration of Anheuser-Buschs BUD trademark on a variety of grounds
Anheuser-Busch files response to refusal and successfully argues for the withdrawal of refusal
Second impediment to registration overcome
Budejovicky Budvar applies to register BUD as an appellation of origin
6. - 6 BUD History of Dispute in Russia Anheuser-Busch files trademark application for BUD on 16 June 1989
Budejovicky Budvar files trademark application for BUD on 3 October 1989
Budejovicky Budvars BUD trademark is registered
Anheuser-Busch files to cancel Budejovicky Budvars BUD registration; registration is cancelled
First impediment to registration removed
Rospatent refuses registration of Anheuser-Buschs BUD trademark on a variety of grounds
Anheuser-Busch files response to refusal and successfully argues for the withdrawal of refusal
Second impediment to registration overcome
Budejovicky Budvar applies to register BUD as an appellation of origin
BUD appellation of origin is registered
7. - 7 BUD History of Dispute in Russia Rospatent issues a refusal to register Anheuser-Buschs BUD trademark on the grounds that it conflicts with the later appellation of origin registration of BUD issued to Budejovicky Budvar
Anheuser-Busch files cancellation action against Budejovicky Budvars BUD appellation of origin.
8. - 8 BUD History of Dispute in Russia Grounds for cancellation of BUD as an apellation of origin are twofold:
First ground: BUD is not a geographic location
The town where the Czech brewer is located is Ceske Budejovice
The town is not nor has it ever been called or referred to as BUD
Second ground: Beer does not qualify for appellation of origin protection because the quality of the beer is in no way dictated or controlled by the geographic location where it is brewed
Beer with the same exact qualities can be made any where in the world
9. - 9 BUD History of Dispute in Russia Rospatent issues a refusal to register Anheuser-Buschs BUD trademark on the grounds that it conflicts with the later appellation of origin registration of BUD issued to Budejovicky Budvar
Anheuser-Busch files cancellation action against Budejovicky Budvars BUD appellation of origin.
10. - 10 BUD History of Dispute in Russia Rospatent issues a refusal to register Anheuser-Buschs BUD trademark on the grounds that it conflicts with the later appellation of origin registration of BUD issued to Budejovicky Budvar
Anheuser-Busch files cancellation action against Budejovicky Budvars BUD appellation of origin.
Rospatent then cancels the appellation of origin for BUD
Rules that BUD is not a geographic location
11. - 11 BUD History of Dispute in Russia Rospatent issues a refusal to register Anheuser-Buschs BUD trademark on the grounds that it conflicts with the later appellation of origin registration of BUD issued to Budejovicky Budvar
Anheuser-Busch files cancellation action against Budejovicky Budvars BUD appellation of origin.
Rospatent then cancels the appellation of origin for BUD
Rules that BUD is not a geographic location
Third impediment to registration overcome
12. - 12 BUD History of Dispute in Russia Rospatent issues a refusal to register Anheuser-Buschs BUD trademark on the grounds that it conflicts with the later appellation of origin registration of BUD issued to Budejovicky Budvar
Anheuser-Busch files cancellation action against Budejovicky Budvars BUD appellation of origin.
Rospatent then cancels the appellation of origin for BUD
Rules that BUD is not a geographic location
Third impediment to registration overcome
Rospatent issues BUD trademark registration to Anheuser-Busch on 15 May 2001!!!
13. - 13 Recipe for SuccessBrewing a Winner What are the keys to achieving success
Patience
Diligence
Establish credibility
-This is more difficult when you are not on the market
-There are ways to deal with the issue, however
-One example: membership and participation in the Coalition of Intellectual Property Rights (CIPR)
Develop and prepare the necessary evidence and arguments
-Be creative
-Work hard
Engage top-notch legal and government relations team
-We had a good story to tell; but we had to find the right people to tell it
It was in this way that we were able to achieve our success of registering BUD!
14. - 14 What Does This Mean? For Anheuser-Busch, it opens up the Russian market
For Rospatent and the Russian government, an indication that Russia is ready for WTO
(Similar decisions were issued by both Moldova and Kazakhstan)
For the other trademark owners, it is a signal that your intellectual property rights can be dealt with fairly and effectively
15. - 15 What Next? Defend the appeal to the Supreme Patent Chamber
While we cannot let up, we are confident, given the strength of the decision issued by Rospatent, that our victory will be upheld
Continue to push for first in time, first in right
-First in time/first in right is the doctrine that the right that is protected first, whether it be a trademark or an appellation, takes precedence over the later protected right
-This doctrine is required by TRIPs
-Protects trademark owners from losing their rights to later filed appellations of origin
Introduce the product
16. - 16 Conclusion
For All You Do,
This BUDs For You!!!