Tag Archives: Office of Harmonization in the Internal Market

The Coca-Cola Bottle In Europe: No Fluting, No Distinctiveness

CC1Three-dimensional trademarks have given rise to some interesting European Community decisions in the last several months (see, for example, our comments on the Kit Kat and Lego decisions). A decision rendered last week by the General Court, concerning the Coca-Cola bottle shape, confirms that it is a real challenge to obtain registration for these trademarks.

In 2002, the Coca-Cola Company filed a Community trademark application to protect its well-known “contour glass bottle with fluting.” The trademark was accepted by the Office for Harmonization in the Internal Market (OHIM) on the basis of its inherent distinctiveness.… More