Wine Law

8 stand out and deviate from the sector’s norms: “ Underwater wine is a different story ”. In this case, differentiation lies not only in the underwater ageing process of the wine but also in the design of the bottle, as depicted in Image 1. Its design is a perfect example of storytelling, explaining to the consumers this particular wine’s story: how it was produced and how it aged underwater. As described by Graham Keeley in a recent article on the Spanish winery: “ Crusoe Treasure’s wines do not mature in a chilled cellar; instead , they are submerged 65 feet beneath the sea; the bottles spend up to 18 months under the waves with starfish and crabs as company ” 19 . As of 1 January 2020, there are over 100 three-dimensional trademarks registered in Class 33 20 . There is no doubt that the wine industry recognises the value of striking, non-traditional designs in brand strategy. Below are a few examples of unconventional trademarks registered in the wine sector:  Marchesi Antinori SPA 21 (Class 33) – The mark consists of the representation of a wine bottle with a red cap, and the words “ Solaia ”, “ Antinori ”, “ Marchesi LEP Antinori Firenze ” and “ Te Duce Proficio ” appearing on the label (Image 2);  Clos Des Papes 22 (Class 33) – the trademark consists of the representation of the coats of arms of the applicant on the neck of the bottle, surmounted by the words “Clos Des Papes” (Image 3);  Brotte 23 (Class 33) – the mark consists of the characteristic shape of the bottle (Image 4); and 19 Source: https://www.foxnews.com/lifestyle/spain-winery-underwater-caskets, last accessed on 16 November 2020. 20 Nice Classification Class 33: Alcoholic beverages, except beers; Alcoholic preparations for making beverages. 21 Source: https://www.tmdn.org/tmview/#/tmview/detail/US500000074178326, last accessed on 16 November 2020. 22 Source: https://www.tmdn.org/tmview/#/tmview/detail/EM500000003057585, last accessed on 16 November 2020. 23 Source: https://www.tmdn.org/tmview/#/tmview/detail/EM500000002803831, last accessed on 16 November 2020. Image 1. Crusoe Treasure’s bottle