Geography Reference
In-Depth Information
(c) 'BAYERISCHES BIER'
In Case C-120/08
133
Bayerischer Brauerbund, a German association with the
objective of protecting the common interests of Bavarian brewers, was the
proprietor of the registered collective trade marks 'GENUINE BAVARIAN
BEER' (since 1958), 'BAYRISCH BIER' and 'BAYERISCHES BIER' (since
1968), and 'Reinheitsgebot seit 1516 Bayrisches Bier' (since 1985). Bavaria was
a Netherlands commercial company which began to use the word 'BAVARIA'
in 1925, and it became part of its name in 1930. Bavaria was and is the
proprietor of several registered trade marks and figurative elements containing
the word 'Bavaria', including an international trade mark.
3.198
On 28 September 1993 Bayerischer Brauerbund, in agreement with two other
Bavarian associations, submitted to the German Government an application for
registration of a PGI pursuant to Art 17(1) of Regulation No 2081/92. On 20
January 1994 the German Government informed the Commission of the
application for registration of 'Bayerisches Bier' as a PGI in accordance with the
simplified procedure under that provision. The Regulatory Committee on
Geographical Indications and Designations of Origin discussed two draft
Commission regulations for registration of 'Bayerisches Bier' as a PGI. The
existence of marks which also include the words 'Bayerisches Bier' or transla-
tions of them was one of the issues discussed. Following discussions as to
whether 'Bayerisches' had become generic, the Committee was unable to agree
within the period prescribed within the Regulation, therefore the Commission
converted its last draft into a proposal for a Council regulation, and the Council
then adopted Regulation No 1347/2001 which registered 'Bayerisches Bier' as a
PGI by including it among the names listed in the Annex to Regulation (EC)
No 1107/96.
3.199
Following similar proceedings in other Member States, Bayerischer Brauer-
bund applied to the Landgericht München for an order requiring Bavaria to
agree to renounce the protection of its international trade mark protected in
Germany with priority from 28 April 1995. The Landgericht München
granted Bayerischer Brauerbund's application by a judgment which was upheld
on appeal by the Oberlandesgericht München (Higher Regional Court,
Munich). Bavaria appealed on a point of law to the Bundesgerichtshof (Federal
Court of Justice). The Bundesgerichtshof decided to stay the proceedings and
to refer questions to the ECJ under Art 234 EC for a preliminary ruling on the
interpretation of Council Regulation (EC) No 510/2006 of 20 March 2006.
3.200
133
Bavaria NVl v Bayerischer Brauerbund eV
[2011] ETMR 225.
