Bavaria, beer, and bad grammar: how to avoid s 61 of the Trade Marks Act
In a recent Federal Court case, the Brewery Association of Bavaria (BBA) claimed that the German state of Bavaria was so synonymous with beer that the word “BAVARIA” on a beer label would amount to a geographical indicator (GI), contrary to s 61 of the Trade Marks Act (the Act). Section 61 prevents the registration of a mark which contains an indicator that the product came from a particular region and has a quality or reputation attributable to that region.
The mark opposed by BBA was a beer label containing the words:
BAVARIA
HOLLAND
BEER