From the end of September to the beginning of October the city of Munich typically hosts the largest festival in the world, the famous Oktoberfest. But this event, which normally attracts millions of visitors from all over the world, has been canceled due to the Covid19 pandemic -. for the second time in a row.
But at least in terms of trademark protection, the city of Munich can record a success. After more than five years of examination, the European Union Intellectual Property Office (EUIPO) finally has registered the sign „Oktoberfest“ as EU trademark (No. 015535008). Despite the partial refusal of the application the registration still has a comprehensive list of goods and services. The 22 classes contain among others cosmetics, electronics, watches, jewelry, mugs, printed products, leather goods, clothing, toys and food as well as services such as tourism advertising, hotel services and licensing services.
With the registered trademark the city of Munich intends to prevent third parties from offering goods and services under the trademark without its permission. Third parties shall not make a profit with the sign “Oktoberfest”. To obtain the most comprehensive protection possible the city has also registered the signs „München Oktoberfest“ and „Oktoberfest München“ as well as the designations „Wiesn“, „Oide Wiesn“ and „Oktoberfest Oide Wiesn München“, which are also common expressions for the festival.
However, the registration was not a complete success since the Board of Appeal of EUIPO denied protection for some classes, especially for services of class 41 which covers entertainment. As a consequence, it will still be possible to organize an “Oktoberfest” in other locations and without the permission of the city Munich, may it be in Germany or in other European cities. The organizers of such Oktoberfest festivals however should refrain from offering goods there that are labeled with the typical designations of the Munich Oktoberfest, particularly they should not offer “Oktoberfest beer” since this sign is a trademark registered for the Munich breweries.
