Europe: Corona loses trade mark battle

The European Court of Justice has put a sticky end to CORONA’s battle on June 30 to register a 3-dimensional trade mark consisting of a clear bottle containing yellow liquid with a slice of lime plugged in the neck, according to The Publican.

Clarke Graham, partner at Marks & Clerk, one of Europe’s leading firms of patent and trade mark attorneys, commented:

“Pub owners, beer producers and the brewing industry should all breathe a sigh of relief today as the European Court of Justice has ruled against CORONA effectively monopolising what is a fairly standard practice in the drink’s industry – plugging a wedge of lemon or lime in a light, bottled beer.

Eurocermex SA, the Belgian based distributor of Mexico’s best-known export, has been fighting to register the controversial Community trade mark since 1998.

Clarke Graham added: “If the European Court of Justice had upheld Eurocermex’s appeal and registered the trade mark it could have meant that your local barman could only serve a CORONA with a wedge of lime to avoid trade mark infringement. This is ridiculous. Even if Joe Public specifically requested another brand with a wedge, he would most certainly be refused unless the pub was willing to face potentially being sued by the distributor.

“The expectation of the consumer is a powerful force. If for example, in five years time, it was proved that customers ordering a beer with a wedge of lime expected a CORONA, Eurocermex could conceivably have a chance. Association is the key. COCA COLA successfully trade marked its glass bottle due to its distinctive character and the clear association with the COCA COLA brand.”

03 July, 2005