Trouble is brewing in Småland: beer trademark registration rejected

When many people think of Småland, IKEA probably comes to mind sooner than beer.

That is hardly surprising: the name is familiar from the children’s play area where children can play while their parents make their way through staged living rooms and kitchens enroute to Swedish meatballs. But Småland is, of course, also an actual region in southern Sweden, known for its forests, lakes, and red houses with white windowsills. It was precisely that geographical meaning that ultimately proved fatal to the applicant for the SMÅLAND trademark.

The application for SMÅLAND covered beer and non-alcoholic beer. According to the European Union Intellectual Property Office (EUIPO), the relevant public would not perceive the name as a indication of origin from a single undertaking, but as information about the place where the beer was produced: beer from Småland. The sign therefore describes the geographical origin of the goods. The act that Småland is not primarily known as a beer region did not matter, according to the EUIPO. The name can, after all, be used in trade to indicate the origin of beer.

A trademark must be capable of distinguishing the goods or services of one undertaking from those of others. A sign that is clearly descriptive, in this case because part of the relevant public sees it as a geographical indication, lacks distinctive character.

In addition, geographical indications are not unusual in this market. An internet search carried out by the EUIPO showed that SMÅLAND is used extensively in the relevant market, including in connection with local drinks and breweries. For that reason too, the name had to remain available to other market participants wishing to indicate that their beer comes from that region.

 A good geographical name can be attractive precisely because it evokes atmosphere and origin. But anyone seeking to monopolise such a name as a trademark will quickly encounter the boundary between trademark and description. Without additional distinctive elements, such as a striking logo or clear company name, that boundary is often difficult to cross. 

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.