City of Munich in new ‘Oktoberfest’ trademark bid

The City of Munich has applied to trademark the term ‘Oktoberfest’ for a second time, with the latest application being filed at the European Union Intellectual Property Office (EUIPO).

Oktoberfest is the world’s largest beer festival and travelling funfair. It is held annually in Munich from September 17 to October 3.

The city previously tried to trademark the term at the German Patent and Trademark Office, but its application was refused.

The new application is directed to multiple goods and services including items like soap, perfume, sunglasses, photographs and clothing.

Markus Koerner, partner at law firm Bird & Bird's Munich office, told WIPR the city had prepared a survey which it claims will back its application and assertion that the term is widely recognised.

“The survey would need to prove that the term ‘Oktoberfest’ has gained acquired distinctiveness from the perspective of the relevant public based on its use as mark,” Koerner said.

He added: “It is questionable if the EUIPO will register the trademark, in particular for more distant services. One can argue that the term ‘Oktoberfest’ lacks any distinctive character or has become customary in the current language … which would be absolute grounds for refusal for the EUIPO.”

However, he added that the grounds for refusal could be overcome by a favourable survey.