108 WINE LAW Nevertheless, the General Court of the European Union (GCEU) has ruled that there is a need to systematically define the sector in which the comparison is made, concerning the very products for which registration is sought. Additionally, it cannot be excluded that consumers of a given product may be influenced, where appropriate, in their perception of the brand on which the product is branded through the way it is marketed for other products they also consume. Thus, depending on the nature of the goods in question and the trademark applied for, it may be necessary to consider a broader area14, so as to assess whether the trademark is devoid of distinctive character. If the sign consists exclusively of the shape (or another characteristic) resulting from the nature of the goods themselves, which is necessary to obtain a technical result or which gives substantial value to the good, it will be refused registration [art. 7(1)(e) EUTMR]. Therefore, a basic or functional shape or a shape consisting of the design of the product itself will not be considered as distinctive. 3D trademarks are often refused registration, when the sign only consists of a shape without additional elements. In the wine sector, 3D signs generally consist of the shape of bottles or containers for the goods (given that drinks cannot be sold without the package), which also has a convenient function. On 1 January 2020, 148 three-dimensional EUTMs were registered and came into force for wines in class 33. As an example, the following have been considered as valid trademarks for wines and spirits in class 33: This particular shape of amphora, specifically the combination of its elements, which, individually, would be common; but which together, are distinctive, and which therefore, the bottle distinguishes the bottle from common bottles on the market. The validity of this trademark was assessed under article 7(1)(b) EUTMR. 14 GCEU of 24 September 2019, Fränkischer Weinbauverband T68/18, § 20.
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