Verbrand Bayerischer Ausfuhrbrauereien Eingetragene Verein v Bavaria N.V

The applicant, Verbrand Bayerischer Ausfuhrbrauereien Eingetragene Verein, sought to register trade mark application 847343. The opponent, Bavaria N.V., opposed this application. The decision was made by Deirdre O'Brien in the Trade Marks Hearings on 30 June 2006.

The primary legal issue before the court was whether the trade mark application should be registered, specifically in light of grounds raised by the opponent under section 43 of the relevant legislation. Due to the opponent's success on this ground, other grounds raised under sections 41 and 42 did not require consideration.

The court found in favour of the opponent on the section 43 ground. As a result, the court refused to register the trade mark application. The applicant was ordered to pay the opponent's costs, to be assessed according to the official scale.