April 2018. Soft drinks producer San Pellegrino has successfully claimed the design of its Aranciata orange drink as a trademark. Registration was initially refused in the EU, but on 2 March the Board of Appeal of the European Trademark Office EUIPO upheld the application.
The registered design is an orange and blue-coloured can without any text, which the BOA concluded was a distinctive colour combination. A decisive factor was that the colour combination appears on none of the 70,000 cans featured on the website www.canmuseum.com.
Trademark registration no. 1313416
Scope of protection
A gratifying victory, then, although the scope of protection for San Pellegrino remains limited, given that cover doesn’t extend to the other colour combinations in the series.