Minute Maid Bottle Could Be Registrable 3D Mark on Re-examination Ordered by IP Court.

TIPO denied Coca Cola’s application for registering the Minute Maid Bottle for 3D trademark.  Coca Cola brought the matter to the Intellectual Property Court (IP Court).  The IP Court finds in favor of Coca Cola holding that TIPO failed to examine thoroughly Coca Cola’s 3D trademark application in issue.  TIPO will have to repeat an examination of Coca Cola’s application. (IP Court administrative judgment of case No. 99-Xing-Shang-Su-147 [2010])

According to the IP Court judgment, TIPO disapproved Coca Cola’s application on the grounds of the proposed 3D mark being a container commonly used to hold beverage or alcohols lacks distinctiveness.  Coca Cola appealed TIPO’s disapproval but in vain so it brought the matter to court.  Coca Cola maintained the originality of the proposed mark.

Coca Cola maintains the proposed 3D mark is an unique original creation with the upper part featured like a peeled orange and there is no product packaging or container in any way like it on the packaged juice market.  The fact of Coca Cola being the creator using it to package and distribute Coca Cola juice products manifests the inherent distinctiveness of the mark.

Holding the upper part of the bottle featured like a peeled orange distinguish it from other bottle designs and taking the conclusion of the survey which shows 95% of the consumers investigated recognize and identify the proposed as the container of Coca Cola’s Minute Maid juice product, the IP Court vacated TIPO’s decision and order TIPO to re-examine Coca Cola’s trademark application for the proposed 3D mark according to its holding.  (2011.01)
/EMA