The victory of Bayern München

One of the most famous football clubs in Europe was recently involved in a trademark issue: Bayern Munich. The subject of the fight was the logo of Sailer Brau for beer. Bayern Munich found this brand too similar to their own logo and filed an opposition. At first the opposition was dismissed, but an appeal followed.

Interestingly, the question is whether these logos are similar. Both marks consist of the word Bayern and the same motif. The Applicant states that Bayern is a geographical indication and the motive originates from the flag of the region Bavaria. According to the EUIPO this is not a relevant fact: this may be known to Germans, but these marks are EU marks, whereas, for example, someone from Spain has no knowledge of the meaning of Bayern and the flag. The conclusion is that the marks are similar. The appeal succeeds and Bayern Munich wins its first game of the season.

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