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Coca-Cola Bottle

The Coca-Cola Company obtains a trademark protection for the famous grooved surface of the Coca-Cola bottle. Now, Coca-Cola failed with his attempt to register the form of the new bottle as a 3D European Union trademark. According to the new trademark application the European Court (EuG, Urt. v. 24.02.2016, Az. T 411/14) underlined a lack of distinctive character. The new application differs from the famous older trademark in lacking the characteristic grooved surface. It may further not be recognizable that the bottle comprises features by means of which the bottle may be distinguished from other bottles on the market – the necessary distinctive character is missing. Consequently, the new bottle without characteristic grooves on the surface made from plastic, metal or glass cannot be registered as a 3D European Union trademark. However, Coca-Cola still has the possibility to take legal steps against this decision to the European Court of Justice within a time period of two months.

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