La cerveza más fina: the best beer, but also the best trademark?

That Corona is a strong brand is beyond dispute.

Its name, transparent bottle, label and overall look make the beer instantly recognisable to many consumers. But does the same apply to its individual elements? That question arose in a case in which Grupo Modelo, the company behind the Corona brand, sought to register a graphic element from the Corona label as a European Union trademark: a black circular shape bearing the words LA CERVEZA MÁS FINA with a crown above them. Can such an element function independently as a trademark?

According to the European Union Intellectual Property Office (EUIPO), it cannot. The Spanish-speaking consumer will immediately understand the words LA CERVEZA MÁS FINA as meaning “the finest beer”. This conveys nothing more than a laudatory statement about quality, precisely the type of message that must remain available to all market participants. The words are therefore descriptive and lack distinctive character. The fact that the applied-for mark also contains graphic elements does not alter that conclusion.

Grupo Modelo appealed, arguing that the mark consisted of more than words alone. It pointed to the combination with a crown and an unusual circular shape, which together would form a recognisable whole. The EUIPO acknowledged that a trademark must always be assessed as a whole, but found that the graphic elements added too little in this case. A crown is commonly used to indicate quality or superiority, and the geometric shape mainly serves as a background for the slogan. Taken together, these elements do not change the meaning of the words but rather reinforce it.

Nor did the argument that the threshold for distinctiveness is low succeed. According to the EUIPO, this sign does not even meet that minimum standard. In its most likely form of use, as a label on a beer bottle, consumers will continue to perceive the sign as a promotional message rather than as an indication of commercial origin. The fact that Corona is a well-known brand does not change this assessment. After all, the issue is not the overall appearance of the bottle bearing the Corona trademark, but only this specific element.

This decision highlights an important point for practice. A strong brand does not mean that every component of it can automatically be monopolised. General and laudatory slogans remain descriptive, even when presented in an attractive graphic form. Anyone seeking protection for a standalone graphic element will need to demonstrate that it does more than promote the product and actually functions as an indicator of origin.

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.