The frosty surface of a bottle could be accepted as a trademark

29/11/2012 | Basically, a trademark is any sign distinctive enough to distinguish the origin of a certain product. Good examples to illustrate 3D mark are the Coca-Cola's stylish bottle and Toblerone's triangle shape package. Most customers could tell from the shape of the package, without looking at any word, that these products are Coca-Cola's soft drink or Toblerone's chocolate. Based on this theory, a frosted bottle with a golden matt color for a sparkling wine has been successfully registered. Without any special design for the shape of the bottle, the OHIM accepted the distinctiveness of the translucent surface which turn sparkling wine into this specific color. With a disclaimer on the shape of bottle, OHIM granted the trademark registration to this normal bottle with a special surface.

Read the whole decision at CTM OHIM Board of Appeal website, Appeal No. R2464/2011-2, Decision date 01/02/12

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