16.12.2020: Lack of distinctiveness of a three dimensional EU trademark
The more the 3D shape applied for approximates the shape in which the product in question is most likely to appear, the more likely that shape is to lack distinctive character.
In those circumstances, only a 3D mark which departs significantly from the norm or customary in the sector and is therefore capable of fulfilling its essential function of indicating origin will also possess the requisite distinctive character.
In particular, since the packaging of a liquid product is a mandatory distribution requirement, the average consumer will perceive it primarily as a mere container.
It seems that the criteria of design and trademark converge in one point: distinctiveness and individual character require something "unusual" or "eye-catching", to put it casually, in order for these property rights to arise. Conversely, this could positively influence the application practice for 3D trademarks.