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European Court Begins Hearings in Munich's Oktoberfest Trademark Dispute

The case will hinge on whether 'Oktoberfest' indicates product origin rather than style.

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Overview

  • Oral proceedings opened at the European Court of Justice in Luxembourg and a verdict is not expected for months.
  • Munich had secured the 'Oktoberfest' trademark in 2021 for a wide array of products including apparel and drinkware.
  • A Swedish firm challenged the registration, leading EUIPO to annul protections for certain items such as clothing and beer steins.
  • EUIPO rejected Munich’s appeal of the partial annulment, prompting the city to bring its case to Europe’s highest court.
  • Judges will evaluate the mark’s distinctive character requirement to determine if it serves as a valid origin indicator.