B: The distinctive Bottle


In this case, our client BOTTEGA SPA faced the ex officio denial of its three-dimensional trademark, corresponding to the design of a bottle:

To support the denial of the sign, the examiner indicated that the trademark requested for registration lacked sufficient distinctiveness in its 3D and nominative element to be able to be registered as a trademark to identify products in the market.

Despite of the above and, as our client argued through an appeal, the requested trademark is made up of clearly distinctive elements such as (i) the particular shape of the bottle, (ii) the nominative element B and its particular design located in the center of the bottle, and (iii) the protection of the pink color that gives a greater degree of distinctiveness to the sign when compared to other bottles of alcoholic beverages on the market.

In accordance with these arguments, the second instance examiner granted the registration of the trademark requested by our client, agreeing that the particular shape, color and disposition of the nominative element of the trademark, considered as a whole, allowed to provide to the mark of sufficient distinctiveness to be protected as a trademark.

If you are an entrepreneur and want to know how to obtain protection for your unconventional trademarks, do not hesitate to contact us at tum@tumnet.com to evaluate the trademark situation of your company and your needs.

B: The distinctive Bottle