Happy Birthday Coca-Cola® Bottle! 11/16/2015Posted by Morse, Barnes-Brown Pendleton in Intellectual Property.
Tags: Coca-Cola, coke, Coke bottle, patent, trademark, USPTO
100 years ago today, inventor Alexander Samuelson was granted the design patent for the bottle that would come to be known as the iconic Coca-Cola® bottle. The design patent lasted 14 years and then expired, but obviously the design has lived on, and is now considered protected under trade dress laws. The term of design patents filed on or after Dec. 18, 2013 is now 15 years from the date of grant. However, if the ornamental features covered by the design patent are sufficiently distinctive, such as the Coca-Cola® bottle, then over time the design may be protected by common law trade dress, and may even be registered at the Patent and Trademark Office, both of which can provide intellectual property protection for years beyond the design patent term.