Brand OKTOBERFEST: the hangover of the city of Munich
Like every year, the Oktoberfest is in full swing in Munich. With more than 6 million visitors in 2018the Oktoberfest has become the world's largest folk festival. Behind these celebrations are very important financial stakes. At the Oktoberfest on the Wiesn, international visitors consume more than 7 million litres of beer, not counting travel expenses (hotels, meals, cultural activities, etc.).
For this reason, the city of Munich has been trying for several years to obtain the registration of the OKTOBERFEST and WIESN trademarks.
Oktoberfest brand: not distinctive enough according to the DPMA
The City of Munich has been striving for years to protect the word marks OKTOBERFEST and WIESN. If it were to obtain trademark registration, the city would enjoy a monopoly on these names. It could thus control the use of these names, in particular by opposing uses made by other cities. Above all, it could license these trademarks to various economic actors (other cities, vendors, clothing and toy manufacturers). This would enable it to benefit from strong financial spin-offs.
However, the German Trademark Office (DPMA) considers that these names should remain freely available to all, as they are purely descriptive indications. Consequently, the DPMA refused to register the mark OKTOBERFEST on 6 September 2018, pursuant to § 8 (2) No. 2 MarkenG.
Munich's fight to protect the name "Oktoberfest"...
This is not the first time that the city of Munich has faced a rejection of its brand. Following an initial rejection by the DPMA in 2016, the city tried to obtain the registration of the OKTOBERFEST trademark at European level. To put all the chances on its side, the city attached an investigation to its application, in order to demonstrate the renowned character of the trademark. Indeed, it is possible for a weakly distinctive trademark to acquire distinctiveness through use. With this survey, the city is therefore trying to prove that for a large number of people, the name OKTOBERFEST is associated with Munich. In addition, the city also pointed out that this popular festival has existed for more than 200 years and that it has been the sole organizer since 1819.
However, the European Trademark Office (EUIPO) received comments from third parties, in particular from other cities in Germany organising events under the name OKTOBERFEST. For the Office, it " The result of this selection is that the sign "Oktoberfest" is generally used for social events held in the tenth month of the year. "Following these observations, the EUIPO issued a decision similar to that of the DPMA: the mark OKTOBERFEST is not distinctive. It justified itself by recalling that in German "Oktober" means the month of October and "Fest" means festival (the celebration of an event). For a German-speaking public, the mark is therefore not distinctive and cannot be registered for all goods and services.
What future for the OKTOBERFEST brand?
On June 19, the EUIPO finally rejected the application for the trademark OKTOBERFEST. The city of Munich has already filed an appeal against this decision. It is likely that, in the event of a further rejection, the city will seek to obtain a semi-figurative recording.
In the meantime, the city has already been able to obtain the registration of the European trademarks WIESN and OIDE WIESN. These words correspond to the Bavarian expressions to describe the popular festival. "Oide Wiesn" even refers to the traditional part of the Oktoberfest. Although Munich does not have a monopoly on the name OKTOBERFEST, it can still boast of having the original festival. So let's raise our glasses: Prost!