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 European Court of First Instance confirmed the rejection of its application for its new bottle, with a very simple shape and without a flute:
The Tribunal In fact, the Court found that this trademark is not distinctive, i.e. that it does not allow the average consumer to associate the product with a particular company. And for good reason: this bottle is indeed very common, and has no particular distinctive element, unlike its world-famous glass bottle, whose flutes and oblong shape make it immediately recognizable as a Coca-Cola bottle, even without a label.
The Coca-Cola Company tried to argue that this new bottle is merely an evolution of its previous bottle, and therefore retains its distinctiveness. But the Court (fortunately) did not hear it that way.
The Coca-Cola Company can still take the case to the Court of Justice of the European Union (CJEU), provided that it can find legal arguments to submit to the Court, otherwise the appeal will not be admissible. Otherwise, the appeal 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 a
numerous three-dimensional marksIn some cases, the designs were unsuccessful, depicting a variety of bottle or glass shapes. 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.
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