Boring Booze Bottle Shape Trade Mark Rejected by the General Court: Even Though it Bore a Registered Word Mark

摘要

This article examines the General Court's decision in Franz Wilhelm Langguth Erben v OHIM (T-66/13) of July 16, 2014 refusing to register a bottle shape because it was not distinctive enough to comprise a badge of origin, even though the bottle shape included a word mark as part of its design which had been separately registered as a trade mark for decades. The beverage markets-be they for soft drinks, beer, spirits, energy drinks, sports drinks and so on-are busy markets with high entry barriers. Any new brand, or an existing one trying to keep ahead of the pack, has to find newer and better ways to distinguish itself from the competition. One way can be through utilising a unique bottle shape. Significant resources are invested in finding the right packaging for a new beverage. It has to please the business, the designer and the consumer. But if it is to be protected under trade mark law, it also has to please the European trade mark system.