Language of document :

Notice for the OJ

 

     JUDGMENT OF THE COURT

     12 December 2002

in Case C-273/00 (Reference for a preliminary ruling from the Bundespatentgericht): Ralf Sieckmann v Deutsches Patent- und Markenamt,(1)

    (Trade marks ( Approximation of laws ( Directive 89/104/EEC ( Article 2 ( Signs of which a trade mark may consist ( Signs capable of being represented graphically ( Olfactory signs)

    (Language of the case: German)

    (Provisional translation; the definitive translation will be published in the European Court Reports)

In Case C-273/00: Reference to the Court under Article 234 EC by the Bundespatentgericht (Germany) for a preliminary ruling in the proceedings pending before that court between Ralf Sieckmann and Deutsches Patent- und Markenamt, on the interpretation of Article 2 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), the Court, composed of: G.C. Rodríguez Iglesias, President, M. Wathelet, R. Schintgen, C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, V. Skouris, F. Macken (Rapporteur), N. Colneric and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General; D. Louterman-Hubeau, Head of Division, for the Registrar, has given a judgment on 12 December 2002, in which it has ruled:

(1)Article 2 of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a trade mark may consist of a sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and that the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

(2)In respect of an olfactory sign, the requirements of graphic representability are not satisfied by a chemical formula, by a description in written words, by the deposit of an odour sample or by a combination of those elements.

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1 - OJ C 259 of 9.9.2000