Famous prosecco brand protected by 3D trademarks
Did you know that except from word- and figurative marks, it is also possible to protect 3D marks, colours, sounds and smell?
Italian distillery and winery Bottega was founded in 1977 and is ranked as the third largest sparkling wine brand in travel retail, according to recent data from IWSR.
The company has a portfolio with approximately 100 trademarks, of which three are 3D marks for its famous prosecco Bottega Gold and Bottega Rose Gold. Trademarks that have proven to be helpful defending the brand against infringers and even led to a seizure of approximately 40,000 copycat bottles.
In the beginning of April this year, The European Office for Intellectual Property (EUIPO) rejected an appeal to cancel the Bottega Gold mark. The appellant claimed that the trademark lacks distinctiveness because other operators in the wine sector use similar shaped bottles. EUIPO stated that since the trademark not only consists of the shape of a bottle, but also the colour gold, the letter B and a flame, the combination of those elements is sufficient for the mark to be considered as distinctive.
This is not the first appeal against Bottega’s marks and most likely not the last. Registering your trademark is a good step in protecting your assets, but keep in mind that threats may come from all directions, not only infringers.
Otmore always offer a free analysis of all trademarks before filing the applications. It is a part of our proactive work model, to highlight potential risks that may prevent registration of your desired mark. With our Trademark Watching Service, you can monitor your trademarks and are notified if identical or even similar trademark applications are filed. This makes it possible to act in an early stage to prevent them from being registered.
Do you know if your brand has sufficient protection in the markets where your company operates? Contact us today and we will make sure it does!