Sleckmann v Deutsches patent-und Markenamt: ECJ 12 Dec 2002

The applicant sought to register a smell as a trade mark. It filed a chemical formula, a description, and a sealed container holding an example of the smell.
Held: A non-visual mark was capable of registration provided it could be represented so as to be precisely defined, so as to allow users of the registry to know what was registered. The formula represented a chemical, not its smell, the description was too uncertain, and the physical sample was neither a graphical representation, nor stable nor durable.

Judges:

Iglesias, Wathelet, Schintgen, Timmermans, Gulmann, Edward, La Pergola, Skouris, Macken, Colneric, Rodrigues JJ

Citations:

Times 27-Dec-2002, Case C-273/00

Statutes:

First Council Directive 89/104/EEC

Jurisdiction:

European

Intellectual Property

Updated: 28 April 2022; Ref: scu.178618