EGC: The shape of the new Coca-Cola bottle cannot be protected as a trademark
February 24, 2016
24. Februar 2016 - 16:40
The European General Court (EGC) ruled that the shape of the new Coca-Cola bottle cannot be protected as a three-dimensional trademark because it is devoid of any distinctive character (Case T-411/14, Judgement of 24 February 2016). Background of the Case and Subject Matter In December 2011, the famous Coca-Cola Company Ltd filed an application for registration of a Community Trademark (CTM) at the Office for Harmonization in the Internal Market (OHIM) for the following three-dimensional mark for - inter alia – metallic, glass and plastic bottles: famous iconic bottle (the contoured bottle with fluting – see below).
- 140 years of industrial property protection in Germany: Traveling through time with German Patent and Trademark Office
- "Neuschwanstein" is not a trademark!
- 14 June 2013: Munich Patent Law Conference - Calculating Damages in Patent Infringement Cases
- 15 Top Brands - Interactive Brand Rating - Years 2000 - 2018
- 2014: Statistics for Community Trademarks
- 27 June 2014: Munich Patent Law Conference – Burden of Pleading and Proof in Patent Infringement Cases
- 3D-Trademark Protection for layout of Apple Stores
- 40th Anniversary of the European Patent Convention (EPC)
- A backpack shape as a 3D trademark – a BoA decision of the EUIPO
- A case of „Bounty“ hunting in Germany