Ralf Sieckmann v Deutsches Patent und Markenamt

Standard

in trademark  law this is about  the German patent office

2002. this is a leading case about graphical representaation of non conventional trademarks

this was about an odour

the ECJ said the chemical formual for the scent was imprecise and not recognisable

a written descritiopn was not precise enough nor objective enough

a physical depost of the smell was not durable and di not count. it was not visual

graphical representations of scent trademarks are invalid. they have no legal standing

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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