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

The judges of the European Court of Justice have recently blocked the registration of the new version of the Coca-Cola bottle as a three-dimensional Community trademark, ruling that it lacks distinctive character. 
The case began in 2014 with an initial rejection by the examiners.
The lawyers for the well-known Atlanta-based company tried in vain to convince the judges at the Court in Luxembourg that consumers would perceive the new bottle as the “natural evolution” of the original shape of the beverage’s packaging, which had already been appreciated by designers and artists such as Andy Warhol and Salvador Dalí.
In fact, the Court ruled 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 ruled that three-dimensional trademarks must have a shape with sufficient distinctive character in itself so that the consumer can distinguish or perceive in them an indication of origin rather than the representation or essence of the product itself.