EUROPE: Freixenet wins EU trademark appeal

By Chris Mercer | 26 October 2011

Freixenet has won an appeal at the European Court of Justice to allow its frosted white and black bottles to be registered as trademarks.

The Court ruled late last week that the EU's trademark agency, OHIM, and the EU General Court were wrong to block Freixenet from registering its bottles. It annulled previous judgements against the company.

The development is a potential breakthrough for Freixenet, which first attempted to secure trademarks on its frosted black and white bottles 15 years ago. Since 1996, the Spain-based Cava producer has been embroiled in legal disputes over the issue.

In its ruling last week, the Court of Justice said that previous courts wrongly overlooked the notion that a bottle itself, rather than just a label, can have a distinctive character. Freixenet has always maintained that it has sought to trademark the bottle's appearance, rather than its shape.

To read the full ruling, click here.

Sectors: Legislation, Wine