Marketing Off-trade

Freixenet can tradmark its frosted bottles

Freixenet’s characteristic frosted bottles in black and white can now be registered as trademarks following a successful appeal by the company to the European Court of Justice.

The ECJ ruled recently that the EU trademark agency OHIM were wrong to refuse Freixenet the right to trademark its bottles as was the EU General Court’s decision on this.

The Spanish cava producer first tried to get its bottles trademarked 15 years ago and has been fighting for this right ever since.
In its ruling the ECJ stated that previous court decisions had been wrong in overlooking the notion that a bottle itself can have a distinctive character rather than just the label.

Freixenet’s characteristic frosted bottles in black and white can now be registered as trademarks

Freixenet’s characteristic frosted bottles in black and white can now be registered as trademarks

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