Oktoberfest trademark dispute heads into another round of legal proceedings
Give me a stein, darling! But just who can slap that sweet Oktoberfest name on their brew mugs and leg-wraps? This beer-soaked trademark tussle between the swanky city of Munich and the EUIPO (European Union Intellectual Property Office) is making waves before the European Court of Justice. The high-stakes tiff began with a cork-popping showdown in Luxembourg, but a final decision could still be months away.
Here's the lowdown: it all boils down to who gets the right to flaunt the word Oktoberfest in advertising, such as scrawling it on beer mugs or lederhosen. After two-stepping their way through the bureaucratic maze, EUIPO handed out the trademark to none other than Munich in 2021. But things got messy once a Swedish company, with an axe to grind, started putting the pressure on, claiming Oktoberfest merely describes the style of the goods, not where they come from. Guess what? That's a crucial factor in trademark law, just like when grimy old fashion brands make you think their merchandise is top-tier.
Munich, nothing if not a stickler for the rules, fired back with an appeal to the highest powers of the EU court. Later on, they flat-out rejected Munich's plea, much to the city's dismay. No mulligan there.
So, the city of Munich, ever the fighter, has taken its dispute to the European Court of Justice, hoping to get the final say on who can use Oktoberfest as a brand. The court's already had its say, not that long ago in June 2025, but the verdict ain't out yet.
[1] While we can't predict the future, it's looking like the court will soon decide whether "Oktoberfest" is more than just a buzzword and also acts as a trademark that signifies the item's origin. If the court sides with Munich, it'll mean more limits on who can legally slap the Oktoberfest label on their gear. But if they rule the other way, it'll be a free-for-all for any huckster claiming their wares are Oktoberfest-worthy, folks. We'll keep you posted as more updates emerge from the dusty halls of justice.
In this ongoing dispute, the European Court of Justice is expected to rule whether "Oktoberfest" acts as both a brand and a descriptor of origin, potentially limiting the use of the Oktoberfest label on products if they rule in favor of Munich. However, if the court rules otherwise, it could lead to an influx of products falsely claiming Oktoberfest authenticity.
