Oktoberfest Brand Battle: European Court Tackles Trademark Dispute
Oktoberfest's trademark controversy continues.
Instagram LinkedIn Telegram Email Print Copy Link Who's entitled to the Oktoberfest name for promotions? The explosive trademark dispute between Munich and the EU Intellectual Property Office (EUIPO) escalates at the European Court of Justice. The clash took center stage in Luxembourg's courtroom – but a verdict could drag on for more months.
At the heart of the dispute lies the question of who can use the Oktoberfest name for promotional material, from beer steins to traditional Bavarian attire like lederhosen. The EUIPO initially sanctioned Munich's ownership of the trademark back in 2021. However, under duress from a Swedish firm, the approval was deemed invalid for some merchandise, such as particular clothing, glasses, and drinking vessels.
Essentially, the Swedish company posited that while Oktoberfest represents the item's style, it does not signal its origins. Distinctiveness, a vital aspect of trademark law, is where this argument falters, as evidenced by prominent fashion brands, whose protected trademarks connote quality.
Munich charged back with an appeal against EUIPO's decision, only to have it dismissed. With hopes pinned on the European Court of Justice (ECJ), the city is preparing for a ruling that may take months to arrive.
Source: ntv.de, dpa
The Lowdown:
- Munich is the proud holder of the Oktoberfest trademark registered by EUIPO in 2021.
- A Swedish company successfully combatanted parts of the trademark, asserting a lack of distinctiveness for specific products (clothing, glasses).
- The EUIPO invalidated the trademark in these instances, and Munich's appeal was turned down.
- Now, the ECJ steps in to settle the conflict, with the oral hearings recently concluded but no concrete decision yet.
- Once the ECJ weighs in, it will confirm the future user of the "Oktoberfest" trademark for advertising[1].
As the legal drama unfolds, the doubtful legal status of the "Oktoberfest" trademark for promotions on select products lingers. However, the standoff edges closer to a defining verdict.
The ongoing legal battle at the European Court of Justice aims to determine the validity of the "Oktoberfest" trademark for specific promotional products, such as clothing, glasses, and drinking vessels. TheCity of Munich, currently the trademark holder, is awaiting the court's decision, which could potentially clarify the future usage of the "Oktoberfest" brand in the industry, impacting businesses and finance within the tourism and beverage sectors.
