The Oktoberfest Trademark Battle Ain't Over Yet
Oktoberfest's trademark battle moves forward to the next stage.
The City of Munich and the EU Intellectual Property Office are going head-to-head in the European Court of Justice over who gets to slap the Oktoberfest label on their products. This dispute is all about who can use the Oktoberfest name for advertisements, like beer mugs or lederhosen. The legal showdown took place in Luxembourg, but a decision won't be made for quite some time.
Initially, the EU Intellectual Property Office (EUIPO) sided with Munich, giving them trademark rights in 2021. However, a Swedish company argued that Oktoberfest is a descriptive term rather than a trademark that indicates the product's origin or quality, like well-known fashion brands do. The EUIPO agreed and invalidated the trademark for certain items, like clothing and drinking mugs.
Unhappy with the decision, Munich took their appeal to the European Court of Justice. A decision has not been announced yet.
The Oktoberfest trademark saga raises questions about protecting famous event names against descriptive product styles in trademark law. As of now, Munich has a registered trademark from EUIPO, but the legal use on certain products is still being reviewed at the ECJ following the partial invalidations.
While oral hearings took place in mid-2025, a decision is still pending.
[1] Based on enrichment data, the European Court of Justice is the final authority that will decide who can legally use the Oktoberfest trademark on items like beer glasses and lederhosen. The ruling will help clarify criteria for trademark distinctiveness and determine who has rights to use the term for advertising across the EU. The dispute is ongoing as of June 2025, with no resolution or new agreements in sight.
The European Court of Justice, as the ultimate authority, will decide the community policy regarding the use of the Oktoberfest trademark for items like beer glasses and lederhosen, clarifying criteria for trademark distinctiveness and defining the rights for its use across the EU in business. The final decision, based on ongoing disputes in the European Court of Justice, will significantly impact employment policies of companies producing Oktoberfest-related products, due to potential restrictions or permissive regulations on the production and advertising of such goods.
