Spanish sparkling wine producer Freixenet has failed to persuade the European Court of Justice that its frosted glass bottle should be a trademark in the European Union.

The Court ruled late last month that the bottle design was not sufficiently distinctive or famous enough for it to warrant exclusive trademark rights.

Freixenet, of Sant Sadurní d'Anoia, Spain, failed to prove that European Union (EU) consumers associated the packaging design with the popular cava, except in Spain.

The Court added that this “acquisition of a distinctive character in Spain cannot be considered sufficient to obtain an EU trademark”.

The ruling supports a previous decision by the EU's Office for Harmonisation in the Internal Market (Trade Marks and Designs), which Freixenet had appealed.