Sieckmann v Deutsches Patent- und Markenamt

A sign can be registered as a trade mark only if it can be represented graphically in a way that is clear, precise, self contained, easily accessible, intelligible, durable and objective, which a smell could not.

Citation
Case C-273/00, [2002] ECR I-11737
Court
Court of Justice of the European Union
Year
2002
Subject
Intellectual Property Law
Topic
Trade marks: registration

Facts

Mr Sieckmann applied to register a trade mark in Germany consisting of the smell of methyl cinnamate, a chemical, which he described as balsamically fruity with a slight hint of cinnamon. He represented the mark by its chemical formula, a written description and a sample of the substance. The German Patent Office refused the application, and the German court referred questions to the Court of Justice.

Legal principle

The Court of Justice held that a trade mark may consist of a sign which is not 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. These are known as the Sieckmann criteria. A chemical formula, a written description and a sample did not satisfy them, because few people would recognise the smell from the formula, a description was not sufficiently precise, and a sample was not durable. The requirement of graphical representation has since been replaced in EU and UK law by a requirement of clear and precise representation.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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