An attempt by a German fruit juice manufacturer to secure trademark rights to eight three-dimensional images of the stand-up pouches that package its drinks is likely to be blocked by the European Court of Justice (ECJ).

Advocate general Dámaso Ruiz-Jarabo Colomer has recommended that the full court reject a final appeal by Deutsche SiSi-Werke GmbH & Co. Betriebs KG against previous negative rulings, notably by the ECJ's Court of First Instance.

It concluded that the pouches were insufficiently distinctive to gain European Union-wide trademark rights, but the German firm unsuccessfully argued such packaging was unusual for fruit juices, if not for all drinks.