The Slovenian Intellectual Property Office (SIPO) refused registration of the international trademark BAVARIA for beer based on absolute grounds. The decision was not issued ex officio, but following an opposing opinion filed by a third party. The opposing opposition was based on absolute grounds, arguing that there was a high degree of similarity between the contested trademark and the earlier geographical indication Bayerisches Bier. Further, the Slovenian consumers could be misled into believing that beer sold under the BAVARIA trademark originated from German federal state of Bavaria.

This decision is important, because the SIPO for the first time refused to register a trademark by adopting the arguments set forth in an opposing opinion.

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