Opinion of the Advocate General — ECLI:EU:C:2001:594
Date: 2001-11-06
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: Germany

Summary of the Judgment 
Approximation of laws — Trade marks — Directive 89/104 — Signs capable of con­
stituting a trade mark — Signs not capable of being perceived visually — Inclusion — 
Condition — Signs capable of being represented graphically — Olfactory signs 
(Council Directive 89/104, Art. 2) 
I - 11737 
SUMMARY — CASE C-273/00 
Article 2 of Directive 89/104 to approxi­
mate the laws of the Member States relat­
ing 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. 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. 
(see paras 55, 73, operative part 1-2) 
I - 11738