Wine Law

10  Davide Campari – Milano SPA 27 (Classes 21 and 33) – the sign consists of the representation of a three-dimensional glass, stylised with a circular base, on which there is affixed a long stem, round at the upper part and narrow at the lower part, upon which a cup is placed, with edges that are slightly flared at the upper part - at the front part, on two straight lines, there are the words “Aperol Spritz” in original, fanciful characters, slightly inclined, the word “Aperol” is written in uppercase letters, in a higher position and enclosed between two horizontal straight lines, slightly inclined, and at the bottom, the word “Spritz” in characters of bigger dimension, of which the letter S is uppercase, and both terms are surrounded by a series of thin lines that form a halo. It is specified that the background is not an object of protection (Image 8); and  Montenegro SRL 28 (Class 33) – the sign consists of a representation of a three- dimensional bottle with the words “Dal 1820 Jean Buton” (Image 9). IV. Legal and Policy Concerns in the Registration of Unconventional Trademarks IV.1. The Absolute Grounds for Refusal and the Doctrine of Functionality Although a strategic ally for brands, unconventional trademarks entail very serious concerns, in terms of both the legal framework and policy considerations. The EUTMR 27 Source: https://www.tmdn.org/tmview/#/tmview/detail/IT502019000020005, last accessed on 16 November 2020. 28 Source: https://www.tmdn.org/tmview/#/tmview/detail/IT502019000050040, last accessed on 16 November 2020. Image 6. Sensi Vigne & Vini’s bottle Image 7. Parthe’s bottle Image 8. Davide Campari’s glass Image 9. Montenegro’s bottle