UK trade mark application for OKTOBERFEST withdrawn

We have a pleasing update to report in the OKTOBERFEST matter!

On the 9th of August, the UK trade mark application for OKTOBERFEST was withdrawn following an unsuccessful attempt by the Municipality of Munich to overturn the UKIPO Examiner’s view that OKTOBERFEST is non-distinctive for the purposes of registration. The withdrawal came shortly after we filed third-party observations on behalf of several interested parties in the brewing and hospitality industry.

The outcome is great for not only our clients but the brewing and hospitality industries for whom OKTOBERFEST is a key date in the calendar and an event that generates significant revenue by way of event hosting and merchandising.

We therefore feel the decision to undertake this action is justified and demonstrates we take both our clients’ and their industries’ interests seriously. This is because not only are we commercially astute to issues that may impact their businesses, but also because we are specialists in evaluating the legal impact these types of matters can have.

The reason we got involved was to prioritise our clients’ best interests but also to try to mitigate detriment to others in similar industries. By combining our knowledge of both the trade mark field and the food and drink and hospitality industries we believe we played a part in achieving this very positive result.