The Battle over Oktoberfest: Trademark Controversy Escalates in European Courts
Oktoberfest's trademark dispute enters another round of legal wrangling
Of course, you've probably heard about the ongoing ruckus between the city of Munich and the EU Intellectual Property Office (EUIPO) - yep, the same EUIPO that granted Munich the rights to the legendary Oktoberfest trademark in 2021. But hold your steins, my friend! A Swedish company isn't too pleased with that decision, and they've stirred up a real mess at the European Court of Justice.
Why so much fuss? Well, the Swedes think using Oktoberfest for advertising on items like lederhosen, beer steins, and beer mugs is a no-go, because it doesn't signify the origin or source of the goods. Instead, they argue it describes the style or type of goods, which isn't distinct enough to be considered a legitimate trademark. This idea of distinctiveness is crucial in trademark law - just like fashion brands that possess protected trademarks, indicating their quality to consumers.
Munich, being the proud host of Oktoberfest, was unhappy with EUIPO's initial decision to partially invalidate the registration for certain items, so they took a trip to the European Court of Justice. No judgment date has been set yet, though, so we're left waiting with bated breath.
In a nutshell, Munich is currently fighting for the exclusive rights to use Oktoberfest in advertising on products associated with the festival, while the EUIPO, the Swedish company, and now the European Court of Justice weigh in on whether the term is a protective and distinct trademark or merely a descriptive phrase that offers no clear indication of origin or quality, making it fair game for anyone to capitalize on. It's a big deal, no doubt - one that might have far-reaching implications for merchandising and advertising as a whole, especially as we look at Oktoberfest-related merchandise like beer mugs and lederhosen.
So who'll come out on top, you ask? Well, I can't predict the future, but one thing's certain - the Oktoberfest brand is about to get a heavy scrutiny in the European Court of Justice! [1]
References:
[1] ntv.de, dpa (2025, June 19). Munich's Complaint: Oktoberfest Trademark Dispute Enters Next Phase. Retrieved from [insert URL]
In the midst of the ongoing trademark controversy, both Munich's Community policy and the Swedish company's Employment policy are being tested in the European Court of Justice, as the case involves the legitimacy of using Oktoberfest as a trademark for merchandise. The outcome could potentially have significant implications for the finance and business sectors, particularly for industries that rely on branding and distinctiveness to establish their products' quality and origin.
