Beer bottle with special glass effect

On May 10, 2006, the High Court cancelled the Fishers trademark constituted of the shape of a beer bottle.

The judge refused to recognize distinctiveness to the bottle whose characteristics are its long neck and a frosty surface.

It was in fact considered that those elements, taken separately or altogether, are currently used in the market and thus deprived of distinctive character.

This decision perfectly fits within the actual Community case-law tendency to deny registration to three-dimensional trademarks constituted by the necessary shape of the products as, for example, in the Eurocermex vs./ OHIM case where registration was denied to the shape of the Corona bottle. It is nevertheless to be noted that in the present case, the Court allowed damages to Fisher on the basis of unfair competition.

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