The frosty surface of a bottle could be accepted as a trademark in European Union


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 for sparkling wine has been successfully registered. Without any special design for the shape of the bottle, its translucent surface which turn into the golden matt color after filled with the sparkling wine is distinctive. With a disclaimer on the shape of bottle, OHIM granted the trademark registration to this normal bottle with a special surface. 

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