News
European trademark protection for “Oktoberfest”
Although Oktoberfest has been canceled for the second year in a row due to the pandemic, the world-famous event in Munich has nevertheless made newspaper headlines.
Third place for Vattenfall Solar Team
The resourcefulness and stamina of 17 Delft University of Technology students on the Vattenfall Solar Team were certainly put to the test in October.
Individual accreditations by MIP
After IP Stars, the annual guide from Managing IP (MIP), already recognized our Dutch and Belgian patent practices as ‘Tier 1’ and ‘Tier 2’ Patent Prosecution Firms, respectively, individual distinctions of ‘IP Star 2021’ were awarded in the Fall to Bettina Hermann, Leo Jessen, Bernard Ledeboer, Marco Molling, Otto Oudshoorn and Herman Witmans.
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Events in the time of corona
Various IP trade fairs, congresses, and conferences, which were already deferred in 2020 to 2021 due to corona, have now been deferred again to next year. It’s an annoying fact but one we must continue to consider for the time being. Thankfully, all other IP events are being held, albeit under strict and limiting safety conditions.
Individual accreditations by MIP
After IP Stars, the annual guide from Managing IP (MIP), already recognized our Dutch and Belgian patent practices as ‘Tier 1’ and ‘Tier 2’ Patent Prosecution Firms, respectively, individual distinctions of ‘IP Star 2021’ were awarded in the Fall to Bettina Hermann, Leo Jessen, Bernard Ledeboer,Marco Molling, Otto Oudshoorn and Herman Witmans. In addition, Jetze Beeksma, Henri van Kalkeren and Peter de Lange have each been recognized as a ‘Rising Star’ and both Martin Klok and Rutger Timmer have been named a ‘Notable Practitioner’.
On our website you will find a complete overview of all the awards that have been granted to us.
Events in the time of corona
Various IP trade fairs, congresses, and conferences, which were already deferred in 2020 to 2021 due to corona, have now been deferred again to next year. It’s an annoying fact but one we must continue to consider for the time being. Thankfully, all other IP events are being held, albeit under strict and limiting safety conditions. Often, they are being diverted to online or hybrid events. In this manner, V.O. participated in the annual Dutch chemical congress NWO CHAINS in Veldhoven on 7 and 8 December, where players in science and industry come together. And during 7-9 March 2022, we hope to again be present at the Netherlands’ Catalysis and Chemistry Conference (NCCC XXIII), whose 23rd edition will take place in Noordwijkerhout. In addition, in March we will again be present at the annual Business Days Twente, where companies come into contact with students from the University of Twente.
On 13 and 14 April 2022, Food Technology is on the program: the premier event for high-tech innovations in the food industry. Further, we will also be present at various Belgian career trade fairs, including the ie-net Job Fair and the Interuniversity PhD Job Fair, both being held in December. For 2022, we plan to participate in the Graduation trade fair Ghent and the VTK Job Fair, both in March. It is clear that our offices in Leuven and Luik are regularly looking for new talent for the position of Trainee Patent Attorney.
For an up-to-date overview of IP events, check our website.
Third place for Vattenfall Solar Team
The resourcefulness and stamina of 17 Delft University of Technology students on the Vattenfall Solar Team were certainly put to the test in October. The team sponsored by V.O. took part in the Solar Challenge Morocco 2021 with a solar car named Nuna11. It was a race of some 2,500 km over a very hilly and winding course through the Sahara and the foothills of the Atlas Mountains. This race has replaced the Bridgestone World Solar Challenge 2021 in Australia, which was not able to continue due to strict corona limitations. After five exciting days, Nuna11 was the third vehicle to cross the finish line on October 29 in the last leg from Zagora to Agadir. Nuna11 was in the leading position on the last day of racing but when the vehicle had mechanical trouble, it had to let the teams of the universities of Twente and Leuven pass it. It was a bitter pill to swallow but the Vattenfall Solar Team has at least proved that it belongs to the world’s top racers in the class of most sustainable. V.O. congratulates the team on its nevertheless great performance.
Read more about our sponsorship on our website.
European trademark protection for “Oktoberfest”
Although Oktoberfest has been canceled for the second year in a row due to the pandemic, the world-famous event in Munich has nevertheless made newspaper headlines. After a registration period of five years at the European Trademarks Office, European Union Intellectual Property Office (EUIPO), the term “Oktoberfest” now enjoys trademark protection within the EU for a broad range of goods and services.
The city of Munich, as organizer of the Oktoberfest, has also had “Oktoberfest Munich” and other variations be protected throughout Europe to head off any free riders.
World-famous
This registration as a European trademark brings to an end the series of failed attempts by the city of Munich to have “Oktoberfest” protected as a German trademark by the German patent and trademark office. The opposing argument was always that the concept had to be kept available; it is only descriptive, and therefore it is not eligible for trademark protection. This is surprising, considering that Oktoberfest was already world-famous at the time of the first German application attempt and — contrary to what the name suggests — takes place not in October but in September.
Munich must share trademark protection for the term “Wiesn” (German for “meadows”), as the famous festival is called in the Bavarian dialect. Smart companies were quicker to the chase, since they had already protected the term years earlier, including its use for furniture and in advertising. In any case, Munich was able to obtain trademark protection for services with respect to websites and search engines.
Munich now possesses a solid legal basis for acting against providers who want to profit as free riders from the name’s popularity.
Independent event
Small Oktoberfest celebrations exist in many places around the world, such as in Cincinnati, Ohio (US), for example. This festival is promoted as an independent event and not as a split-off of the Oktoberfest in Munich. The city of Munich emphasizes that it will not take action against such events, since they promote the reputation of the original event.
On the other hand, people were not happy with the recent “Oktoberfest goes Dubai” campaign that was supposed to give the impression that the Munich party would take place in Dubai in 2021. The regional Munich court prohibited the planned event and the advertising associated with it, using the argument that the event harmed the good name of the original event and misled consumers.
If you have any questions about trademark protection, feel free to contact one of our experts.
Raquel Alvarez
European and Benelux Trademark and Design Attorney
Associate
+31 70 416 68 30
Noëlle Wolfs
European and Benelux Trademark and Design Attorney
Senior Associate
+31 70 416 68 30
Maaike Witteman
European and Benelux Trademark and Design Attorney
Senior Associate
+31 40 250 33 19