In order to oppose to the American BUD beer trademark in the EU, Budvar relied on the “BUD” Geographic Indication (GI) already registered with WIPO for identical products.
On December 16, 2008, the European Court of First Instance specified the criteria for oppositions based on a GI. First, mere use in the course of trade of the GI must be proven, and not genuine use. Also, the GI has to be protected in more than one Member State.
Lastly, the existence of an appellation of origin cannot be questioned by the OHIM.