The European court ruled in Case T-411/14, The Coca-Cola Company v OHIM. The Case concerns an attempt of Coca-cola to register the following European trademark for metallic, glass and plastic bottles:
OHIM refused to register this mark based on a lack of distinctiveness. OHIM dismissed Coca-cola’s assertion that this bottle is natural evolution of the classic bottle which is registered and famous trademark.
The decision is appealed.
According to the Court the applied bottle doesn’t contain any distinctive forms or groves based on which consumers can perceive the bottle as a mark and trade origin. The presented bottle is similar to other bottles offered on the market by many companies.
The attempt of the company to prove acquired distinctiveness has failed.