Beer, Bavarian Style: European Court Battles Over Oktoberfest Trademark
Oktoberfest's trademark controversy continues into its next phase.
Hop on the bandwagon or step off - that's the question at the forefront of a heated legal feud between the city of Munich and the EU Intellectual Property Office! Decidedly, the fate of who gets the rights to slap the "Oktoberfest" label on various goods, from beer mugs to leather pants, has commenced oral proceedings at the European Court of Justice in Luxembourg. A verdict might be on the horizon, but patrons have to wait months for the grand announcement.
At the heart of this matter is the coveted right to use "Oktoberfest" in advertising. All eyes are on the EUIPO, which bestowed Munich with the trademark in 2021. But, pressure from a Swedish company fueled a challenge against the registration, voiding it on specific items such as certain clothing, beer glasses, and drinking mugs.
In essence, the Swedes argued that "Oktoberfest" merely characterizes the style of goods rather than serving as a guiding beacon for consumers identifying the items' origin or quality. The latter is a critical factor in trademark law, as seen with fashion brands whose protected trademarks not only safeguard their brands but also signify quality to consumers.
Unconvinced by the Swedish company's claims, Munich went toe-to-toe with the EUIPO. The city's appeal was thwarted, leading to a heated showdown at the European Court of Justice. A judgment date has yet to be unveiled.
[Source(s): ntv.de, dpa]
Additional Insight:- The trademark for "Oktoberfest" is currently held by Munich for advertising purposes following EUIPO's approval in 2021 [1].- However, a Swedish company disputed the registration for some merchandise, contending the term "Oktoberfest" fails to meet the distinctive criterion required by trademark law. This relates to items such as specific clothing and beer glasses [1].- The legal battle has reached the European Court of Justice, with Munich appealing the EUIPO's decision. The ruling's outcome will determine who is entitled to use the "Oktoberfest" name in advertising across the EU [1].
The ongoing legal dispute between Munich and the EU Intellectual Property Office revolves around the use of "Oktoberfest" in employment policy for merchandise advertising within the industry, particularly in finance and business sectors. Furthermore, the city's community policy is at stake due to the opposition from a Swedish company challenging the registration, questioning its distinctive nature, especially for items like clothing, beer glasses, and drinking mugs. [Source(s): ntv.de, dpa]
