According to the Mainichi Daily News, the Japanese Intellectual Property High Court has overturned a 2010 Japan Patent Office Decision that refused to allow Gaultier’s distinctive female torso shaped bottle to be registered as a trademark.
For more details see http://mdn.mainichi.jp/arts/news/20110422p2g00m0et057000c.html
In Israel, the Israel Patent Office holds that bottle shapes can be registered as designs but not as trademarks. As someone critical of that decision, see: 3d-trademark-application-for-tahini-container-rejected/, I am pleased to see that the Japanese Court see’s things my way.
We note that the bottle has been in use for 15 years, so in Israel, a design registration would run out after this period. In such circumstances I think that trademark protection for truly distinctive containers, is appropriate.