Background
The applicant sought to register the word mark “Bayern Bazi” for a broad list of goods and services in Classes 18, 25, 28, 29, 30 and 43.
DPMA Decision
The German Patent and Trade Mark Office (DPMA) refused the application, holding that the sign merely describes a “typical Bavarian” and indicates origin from Bavaria rather than commercial origin.
Appeal before the BPatG
The appeal was dismissed. The BPatG upheld the refusal.
Court’s Reasoning: Dialect term + indication of origin = descriptive use
“Bayern” is a geographical indication; “Bazi” is commonly understood (including in dictionaries) as a colloquial—sometimes pejorative—term for a Bavarian person. Together, consumers perceive “Bayern Bazi” as meaning “particularly Bavarian/from Bavaria,” not as a trade mark. The duplicative construction reinforces the descriptive message (cf. case law on emphatic duplications such as “AUTOAUTO!”). Earlier registrations cited by the applicant (e.g., “Exilbayer”) were not comparable, as the sign here lacks any fanciful distinctiveness beyond its descriptive content.
To the point
The refusal stands based on lack of distinctiveness. (Further appeal would require leave to appeal; the decision does not indicate such leave.)
Case No.: 30 W (pat) 525/22
Source: Decision of the German Federal Patent Court of 26 February 2025 – “Bayern Bazi”.