EGC: The shape of the new Coca-Cola bottle cannot be protected as a trademark
February 24, 2016
24. February 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).
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