For example, Bacardi succeeded in registering its bottle with red wax-seal, white cap and banner logo as a trademark (without Bacardi written on it). The cap, the seal and the shield are no longer seen as purely decorative and the combination is enough to distinguish the bottle from other vendors’ bottles. A request for an amphora shaped bottle also made it to registration, by virtue of the narrowing part in the middle. These rulings seem to usher in a new policy. Enough reason for companies to give it another try and claim special shapes or designs as a trademark. The consumer has perceived them as trademarks for years, possibly the trademark authorities will now do so too.
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