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Law Cases
Intellectual Property Law Cases
Trademarks 1 Cases

Sieckmann v Deutsches Patent [2002] C-273/00

Country:
United Kingdom
By Oxbridge Law Team
‘Graphic Represen...
‘Facts’

  • Claimant sought to register trademark described as a ‘balsamically fruity odour with a slight hint of cinnamon’.

  • When making application, Claimant also deposited its chemical breakdown and a sample of odour in a container to German Trade Mark office.

  • Issue was whether an intangible sign may be registered.

  • Held:

‘Graphic Representation’

  1. As per Article 2:

    1. Trade mark may consist of something not capable of being perceived visually

    2. but only provided it can be REPRESENTED GRAPHICALLY

  2. This graphic representation must allow the sign to be represented visually (so that it can be precisely identified in trade mark registry.

  3. This representation usually done via images, lines or characters

  4. Any graphic representation must be:

    1. Clear, 

    2. Precise, 

    3. Self-contained, 

    4. Easily accessible, 

    5. Intelligible, 

    6. Durable, 

    7. Objective.

‘Facts’

  • On facts, Claimant had not given adequate graphic representation of odour it wished to register.

    • Neither a chemical formula, description of odour nor a sample of odour is sufficiently clear and precise to constitute a graphic representation

    • As these are not sufficiently precise.

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