Bavarian Showdown: Oktoberfest Trademark Dispute Hits European Court
Oktoberfest's trademark controversy advances to the next stage
Get the latest scoop on the ongoing legal tussle between Munich and the EU Intellectual Property Office (EUIPO) over the Oktoberfest trademark! The jousting has moved to the European Court of Justice with hearings starting in luxe Luxembourg, but a verdict might still be months away.
At the core of this brouhaha is who gets to slap the Oktoberfest label on their ads, say, for beer mugs or leather pants. The EUIPO bestowed the trademark favorably upon Munich in 2021, but under duress from a Swedish enterprise, the registration got axed for specific stuff like clothing, beer glasses, and potable containers.
What's the gist, you ask? The company basically argued, "Sure, Oktoberfest describes the fancy wardrobe or thirst-quenching vessel we're hawking, but it ain't clueing consumers in on where dollops originated." Now, you might think that's neither here nor there, but it's a big freakin' deal in trademark law, given how fashion-forward brands hawk their protected trademarks as symbols of quality.
Munich's appeal took a hit when it flopped at EUIPO, prompting an appeal at the European Court of Justice. No word yet on when the judgment will drop.
Source: ntv.de, dpa
The Nitty-Gritty
- Initially, EUIPO registered the trademark "Oktoberfest" in favor of the City of Munich in 2021, granting a smidgeon of exclusivity.
- A Swedish enterprise contested the registration, stating that "Oktoberfest" characterizes a category of goods, rather than stating origin or brand distinction - a key condition in trademark law.
- As a result, EUIPO nixed the registration for certain objects, like duds, beer goblets, and swiggle mugs.
- The City of Munich cried foul, appealing the decision but saw their plea denied at EUIPO.
Status Quo
- The dispute ventured into the European Court of Justice (ECJ), where the lawyers talked shop in Luxembourg as of June 19, 2025.
- An ECJ decision is still pending, and it could take months to materialize.
- When the court drops its verdict, it'll settle whether Munich can Gallic-shout over "Oktoberfest" as a sole proprietor or if the term remains a generic term for some goods that can be used fairly by others.
- As of now, the legal landscape remains undecided, and the "who can use Oktoberfest in ads" question remains an open one[1].
In a nutshell, Munich has a trademark for "Oktoberfest," but the EUIPO's invalidation on certain goods after a legal challenge has soured things a bit. The legal beagles at the European Court of Justice are currently debating, and a final decision is still pending[1].
The Community Policy and the Employment Policy are potentially at play within the European Court of Justice, as they govern the trademark dispute over Oktoberfest between Munich and the EU Intellectual Property Office (EUIPO). The business outcome could impact the exclusive rights of the City of Munich to use the Oktoberfest trademark on certain goods, such as clothing, beer glasses, and containers. The finance sector could be affected by the court's decision concerning the use of protected trademarks as symbols of quality in the marketplace.
