The latest application to protect trade dress in a whiskey bottle design in this one. The trade dress application was filed as an "Intent to Use" application by a distiller known to us all. For ready reference, call this "Design 2."
As long as the examiner assigned finds it distinctive enough to be capable of distinguishing the whiskey products coming from one whiskey source, it will be "Published for Opposition" and anyone (read, other distilling companies) can, then, oppose on one or more grounds. For example, a competitor could oppose on the basis that the design is confusingly similar to a trade dress that has become distinctive of its distilling company.
Any guesses which company filed this Intent to Use application?