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.
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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.
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