Opinion of the Advocate General — ECLI:EU:C:2003:197
Date: 2003-04-03
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
1. Approximation of laws — Trade marks — Directive 89/104 — Signs of which a 
trade mark may consist — Sound signs — Obligation to regard them as capable of 
being a trade mark — Conditions 
(Council Directive 89/104, Art. 2) 
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SUMMARY — CASE C-283/01 
2. Approximation of laws — Trade marks — Directive 89/104 — Signs of which a 
trade mark may consist — Signs not capable of being perceived visually — 
Inclusion — Condition — Signs capable of being represented graphically — Sound 
signs 
(Council Directive 89/104, Art. 2) 
1. Article 2 of First Directive 89/104 to 
approximate the laws of the Member 
States relating to trade marks is to be 
interpreted as meaning that sound signs 
must be capable of being regarded as 
trade marks provided that they are 
capable of distinguishing the goods or 
services of one undertaking from those 
of other undertakings and are capable 
of being represented graphically. 
(see para. 41, operative part 1) 
2. Article 2 of First Directive 89/104 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 repre­
sented graphically, particularly by 
means of images, lines or characters, 
and that its representation is clear, 
precise, self-contained, easily access­
ible, intelligible, durable and objective. 
In the case of a sound sign, those 
requirements are not satisfied when the 
sign is represented graphically by 
means of a description using the 
written language, such as an indication 
that the sign consists of the notes going 
to make up a musical work, or the 
indication that it is the cry of an 
animal, or by means of a simple 
onomatopoeia, without more, or by 
means of a sequence of musical notes, 
without more. On the other hand, 
those requirements are satisfied where 
the sign is represented by a stave 
divided into measures and showing, in 
particular, a clef, musical notes and 
rests whose form indicates the relative 
value and, where necessary, acciden­
tals. 
(see para. 64, operative part 2) 
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