Octoberfest Trademark Battle Heats Up In European Court
Oktoberfest's trademark conflict escalates to another level.
Chat, Insta, Signal, Mail, Print, Link - Who gets to slap the 'Oktoberfest' label on their goods? The city of Munich is taking the EU Intellectual Property Office to court over the right to use the term for advertising, as the trademark dispute kicks off at the European Court of Justice.
At the heart of the matter is who can slap the Oktoberfest name on items like beer steins or leather lederhosen. The EUIPO granted Munich the trademark back in 2021; however, a Swedish company challenged the registration for certain items, such as clothing, beer glasses, and drinking vessels.
Einstein's barista, this Swedish company claimed that while Oktoberfest describes the style of the goods, it doesn't necessarily tell consumers where they're from. Boom! That's a big no-no in trademark law, where proving distinctiveness, like Lady Gaga‘s famed meat dress, is paramount.
Munich, feeling like a wounded cow in a lion's den, had its appeal dismissed by the EUIPO. Now, the city is taking its beef to the ECJ. We're still awaiting the date for the final verdict.
Sources: ntv.de, dpa
Insightful Details
- Munich's aim in claiming trademark rights over "Oktoberfest" is to keep unauthorized or misleading usage at bay, specifically in adverts for events that aren't the original Munich fest.
- Since mid-2025, there's no explicit resolution available for this specific trademark dispute between Munich and the EUIPO. Trademark cases listing show that the dispute is ongoing, with no conclusive judgment available on the "Oktoberfest" trademark.
- If you’re burning with curiosity and want more deets, look into specialized legal databases or get in touch with the EUIPO directly for updates on the dispute.
- The community policy of the EU Intellectual Property Office (EUIPO) regarding trademark disputes, such as the Octoberfest Trademark Battle, influences the employment policies within the office, as officials make decisions that can impact various industries like finance, manufacturing, and retail for products like clothing and beer glasses.
- As the Octoberfest Trademark Battle escalates in the European Court of Justice, the outcome could potentially impact not only the city of Munich's employment policies relating to marketing and intellectual property rights but also the overall employment policies of other communities wishing to protect their unique traditions and events from unauthorized or misleading usage.
