The Battle over Oktoberfest: EU Court Decides Fate of Famous Trademark
Controversy over Oktoberfest continues as the legal battle progresses.
Facebook Twitter WhatsApp Email Print Copy Link Who gets to slap the Oktoberfest label on promotions? The City of Munich and EU Intellectual Property Office are squaring off in the European Court of Justice, with oral proceedings set in Luxembourg - verdict still months away.
At heart, this dispute centers around who can slap the Oktoberfest name on promotions like big ol' beer steins or snazzy Bavarian outfits. The EUIPO swung the trademark ol' bat in favor of Munich in 2021. But beneath the data lederhosen, pressure from a slick Swedish outfit forced a rethink, invalidating the trademark for goods like some threads, beer goblets, and tankards.
The company claimed that while Oktoberfest may swoon us with that old-world vibe, it doesn't give a hoot about the items' origins in the consumer's noggin. This 'distinctiveness' thingamajig is nitty-gritty legal mumbo-jumbo. It's what keeps big-time clothes brands comfy knowing their swanky trademarks secure the quality rep.
After the rejection of its appeal by EUIPO, Munich headed to the big leagues, appealing to the ECJ. No court date set in stone yet.
Source: ntv.de, dpa
Insights:
- This heated trademark dispute is a tango between Munich and the EUIPO, currently playing out in the European Court of Justice (ECJ).
- Back in 2021, the European Union Intellectual Property Office (EUIPO) awarded Munich the trademark registration for "Oktoberfest."
- A Swedish company, however, challenged the registration, arguing that the 'Oktoberfest' name fails to indicate the goods' origin to consumers and is purely descriptive—a stance that could undermine trademark distinctiveness and complicate Munich's efforts to control the use of "Oktoberfest" across the EU for certain merchandise[1].
- In practice, promotional offers at the official Oktoberfest event, like booking exclusive tables and scrumptious lunches, remain under Munich's control and branding, keeping the dispute separate from such promotional activities[2]. -
- The trademark's fate now mainly relies on the ECJ verdict. Until then, the rights to use "Oktoberfest" in advertising certain goods remain murky waters.
[1] Source: europa.eu, trademarkguidelines.org
[2] Source: ok-events.de, munich-oktoberfest.com
- The outcome of the European Court of Justice (ECJ) decision could significantly impact the 'community policy' regarding the use of the 'Oktoberfest' name in advertising merchandise across the European Union.
- Businesses interested in employing the 'Oktoberfest' name for their promotional items need to closely follow the pending ECJ verdict, as the final decision could influence their 'employment policy' or commercial strategy related to such products.
