Limited pleasure for "Oktoberfest" imitators - "Oktoberfest" registered as EU trademark

From late September to early October, the city of Munich typically hosts the world’s largest festival, the famous Oktoberfest. But this event, which normally attracts millions of visitors from all over the world, has been canceled due to the COVID-19 pandemic—for the second year in a row.

But at least in terms of trademark protection, the city of Munich can claim a success. After more than five years of examination, the European Union Intellectual Property Office (EUIPO) has finally registered the term “Oktoberfest” as an EU trademark (No. 015535008). Despite the partial rejection of the application, the registration still covers a comprehensive list of goods and services. The 22 classes include, among other things, 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.

By registering the 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 profit from the use of the “Oktoberfest” mark. To obtain the most comprehensive protection possible, the city has also registered the marks “München Oktoberfest” and “Oktoberfest München,” as well as the designations “Wiesn,” “Oide Wiesn,” and “Oktoberfest Oide Wiesn München,” which are also common terms for the festival.

However, the registration was not entirely successful, as the Board of Appeal of EUIPO denied protection for certain classes, particularly for services in Class 41, which covers entertainment. As a result, it will still be possible to organize an “Oktoberfest” in other locations without the permission of the City of Munich, whether 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; in particular, they should not offer “Oktoberfest beer,” since this sign is a trademark registered for the Munich breweries.