Apr 2026

Budweiser, beer and geographical indications: when two rights collide

CJEU C-478/07 | 8 September 2009
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One of the longest disputes in trademark law history: who has the right to use the name 'Budweiser'? The case raises essential questions about the coexistence of trademarks and geographical indications.

Budějovický Budvar, the Czech brewer, and Anheuser-Busch, the U.S. giant, fought for decades across markets worldwide over the right to use 'Budweiser'. The European dispute reached the CJEU.

The central question was whether a later trademark may coexist with an earlier geographical indication without misleading consumers as to the product’s origin.

The Court held that geographical indications, names attesting that a product comes from a particular region, are relevant earlier rights. Use of a trademark identical or similar to a protected geographical indication may be considered deceptive.

This case has direct relevance for Romanian producers active in sectors with protected geographical indications, such as wines, food products and spirits. Clearance searches before choosing a brand name do not concern only trademarks, but also GIs and PDOs.

Geographical indications are relevant earlier rights. Checking them is mandatory before launching a brand.

Case Studies