The new Coca-Cola bottle cannot be protected as a Community trademark.

The judges of the European Court of Justice recently put a stop to the registration of the new version of the Coca-Cola bottle as a three-dimensional Community trademark on the grounds that it was devoid of distinctive character.
The case began in 2014 with an initial rejection by the examiners.
The lawyers of the well-known Atlanta company tried in vain to convince the judges of the Court in Luxembourg that consumers would perceive the new bottle as the "natural evolution" of the first shape of the soft drink packaging already appreciated by designers and artists from Andy Warhol to Salvador Dalí.
In fact, the Court has established that the shape is essentially a bottle similar to most bottles on the market. It is a mere variation of the shape and packaging of such products, which does not allow the average consumer to distinguish this shape from other bottles. It is well known that three-dimensional trademarks are not easy to obtain, and European Union judges have previously established that three-dimensional trademarks must have a shape endowed with sufficient distinctive character for the consumer to distinguish or perceive in them the indication of an indication of origin rather than the representation or essence of the product itself.