Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.
‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish that product or service from others which have another origin and that, for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the EC Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality.’

Citations:

C-273/00, Times 27-Dec-2002, [2002] EUECJ C-273/00, [2003] RPC 38

Links:

Bailii

Jurisdiction:

European

Cited by:

CitedLibertel Groep BV v Benelux-Merkenbureau (Judgment) ECJ 6-May-2003
Though a sufficiently distinctive colour was capable of being registered as a trade mark, the court must be careful not to allow registrations in such a manner as unduly to restrict the range of colours available to traders. A sample of a colour had . .
CitedD Jacobson and Sons Ltd v Globe Gb Ltd Globe Europe Sas Chd 25-Jan-2008
The claimant alleged infringement by the defendants of its ‘Gola’ trade mark designs. The defendant said the registration was invalid because the stripes on the shoes were not distincive being seen as part of the design of the shoe rather than as an . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.178717