Why Jägermeister’s bottle look still reigns supreme

For decades, Jägermeister has been known for its alcoholic herbal liqueur.

Its bottle is instantly recognizable: green, with on the label a Gothic-style “Jägermeister” and the iconic stag’s head. Together, these elements create a unique and highly distinctive design. Recently, the Italian Polini Group attempted to register a new label under the name Alten Kräuterfrau as an EU trademark. Jägermeister opposed the application, arguing that the design leaned too heavily on the appearance of its own bottle.

Polini Group’s trademark application

Jägermeister’s trademark

Do the bottles and labels look alike? Well, somewhat—but not very much. That was also why the European Union Intellectual Property Office (EUIPO) initially rejected Jägermeister’s opposition. Jägermeister appealed and the Board of Appeal concluded that there was indeed a slight similarity between the marks. The Board referred the opposition back to the Opposition Division for a new assessment. This division then ruled that there was an infringement and upheld the opposition. Polini Group appealed that decision—but without success.

In its decision, the Board of Appeal found that Jägermeister enjoys an exceptionally strong reputation on the German market for herbal bitters. The evidence is extensive: market data, sales figures, press articles and a long history of use.

It had already been established that a slight similarity exists between the marks. The marks also relate to identical products. Can consumers therefore make a connection between them? Yes, says the Board of Appeal. Both labels evoke a traditional, almost folkloric atmosphere surrounding hunting and herbs. They also share certain stylistic choices, such as the Gothic lettering, the color scheme and the vertical layout of the label. Because of Jägermeister’s strong reputation, this combination may lead the average consumer to associate the bottles with each other when they appear on the shelf.

The risk that the new mark could take unfair advantage of Jägermeister’s reputation cannot be entirely dismissed, according to the Board. Because both parties offer products in the same category—herbal alcoholic beverages—it is plausible that positive associations linked to Jägermeister could be transferred to the new product. Jägermeister is therefore found to be in the right.

This decision illustrates the broad protection that a well-known trademark can enjoy. Anyone seeking to bring a competing product to market with a similar atmosphere and design would be wise to avoid not only direct similarities, but also subtle stylistic choices that might unintentionally evoke a connection. For owners of well-known brands, the decision is a reminder that investing in your brand pays off: it delivers not only commercial value, but also legal protection when others come just a bit too close.

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.