In the world of the wine and beer, there is a lot going on in respect of design. Whereas years ago wines had a traditional label, nowadays wines have very remarkable logo’s, colours, bottles are completely blue or black etc. So, the time of a dull wine or beer label has passed.
But with these changes, there is always a risk that bottles use the same style and will resemble. And that was exactly the case in the opposition decision of the EUIPO: are the beer bottles below similar? Both are completely black, showing a minimal label with a graphic sign in a bright colour. The words are hard to read, and thus play a minor role in the trademark comparison.
The answer is no: the bottles are not similar. There are quite a few differences: the colour black, for example, is different. The shape of the bottles is different as are the colors of the figurative elements. And also the words (although inferior to the rest) are different. The opposition is therefore rejected. This decision proves once again that a particular style is difficult to catch by IP.
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