UNCONVENTIONAL TRADEMARKS IN THE WINE INDUSTRY 141 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 provides certain absolute grounds for refusal, according to which a sign will not be registered as a trademark. For the purposes of this present chapter and the examination of unconventional trademarks, we will be focusing on the absolute grounds for refusal as below. According to article 7 par. 1 EUTMR: “The following shall not be registered: [art. 7(1)]: (a) signs which do not conform to the requirements of Article 4; (b) trademarks which are devoid of any distinctive character; (…) (e) signs which consist exclusively of: (i) the shape, or another characteristic, which results from the nature of the goods themselves; (ii) the shape, or another characteristic, of goods Image 8. Davide Campari’s glass Image 9. Montenegro’s bottle
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