Oktoberfest Trademark Brawl In Full Swing at EU Court
Oktoberfest trademark feud intensifies, approaching decisive point. - Oktoberfest's trademark issue is currently causing a stir
Ever wondered who can slap the Oktoberfest label on their ads? Well, that's the burning question in a heated legal battle between Munich and the EU Intellectual Property Office makes its way to the European Court of Justice. After a series of oral proceedings in Luxembourg, we're still waiting for the final verdict, but it might take a while.
The feud revolves around the right to hawk the Oktoberfest name on promotional materials, like beer steins or Bavarian leathers. The EUIPO bestowed the trademark to Munich in 2021. However, they had to revoke it, under pressure from a Swedish company, for certain items—single-use stuff like specialized clothing, beer mugs, and drinking vessels.
EU trademark office thumbs down Munich's plea
The Swedish company argued that while Oktoberfest signifies the style or kind of goods, it doesn't illuminate the origin for consumers. This "distinctiveness" is a biggie in trademark law, as demonstrated by well-known fashion labels, where their protected trademark speaks to quality, not just the type.
Munich whined about it with another appeal, but the EUIPO shot it down, leading Munich to take their case to the EuGH. The judge's gavel has yet to fall.
- Oktoberfest trademark
- Munich
- EU
- Trademark dispute
- Luxembourg
- Justice
What's the beef?
The city wants exclusive rights to the Oktoberfest name, claiming it indicates the goods' origin and quality. The EU office argues that the name is too generic to serve as a trademark. This tug-of-war decides who can legitimately hawk Oktoberfest-labeled products within the EU, particularly focusing on beer mugs and traditional garb.
In essence:- Munich bagged an EU trademark for Oktoberfest from the EUIPO in 2021.- A Swedish company argued that Oktoberfest shouldn't be trademarked, as it describes the type of goods, not the origin.- The EUIPO didn't buy Munich's appeal and toss it, prompting Munich to take their case to the European Court of Justice.- We're waiting for the verdict on whether Oktoberfest can function as a trademark indicating origin and quality or if it remains a generic term[1].
So, who gets to wear the Oktoberfest crown in EU advertising land remains undecided, pending the ruling by the European Court of Justice.
[1]idgetthemes.com/blog/oktoberfest-trademark-dispute-between-munich-and-eu-heated-up-at-eu-court-of-justice/
- The ongoing dispute between Munich and the EU Intellectual Property Office at the European Court of Justice is about who can legitimately use the Oktoberfest trademark for promotional materials, such as beer steins and traditional clothing, within EC countries.
- The problem lies in the disagreement over whether Oktoberfest can function as a trademark indicating origin and quality or remains a generic term in the context of industry and finance.
