No, Coca-Cola won't make a dubbing: even if the company has managed to record its emblematic bottle as a three-dimensional trademark in 2004, the Court of First Instance of the European Union confirmed the rejection of his application for his new bottle, with its very simple shapes and without fluting:
The Tribunal considered that the mark is devoid of distinctiveness, that is to say that it does not enable the average consumer to link the product to a particular undertaking. And with good reason: that bottle is indeed very common, and has no particular distinctive feature, unlike its world-famous glass bottle, the flutes and oblong shape of which make it immediately recognisable as a Coca-Cola bottle, even without a label.
The Coca-Cola Company has tried to argue that this new bottle is only an evolution of its previous bottle, and therefore retains its distinctiveness. But the Tribunal (fortunately) did not hear it in this ear.
The Coca-Cola Company may still bring the case before the Court of Justice of the European Union (CJEU), provided that it can find legal arguments to submit, otherwise the action will not be admissible. The CJEU does not rule on questions of fact.
It should be noted in passing that The Coca-Cola Company has filed an application for a numerous three-dimensional marksThe bottles and glasses are sometimes unsuccessful, representing various and varied shapes of bottles or glasses. But each time they were registered, these shapes had an undeniable originality or presented the Coca-Cola brand in a visible way. In the case of the present bottle, it seems to be a losing battle.