Zdolność rejestracyjna zapachu jako znaku towarowego
Registering a fragrance as a trademark

Author(s): Aleksandra Kopacz
Subject(s): Civil Law, Commercial Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: fragrance as trademark; sound marks; fragrance distinctive character; graphic representation; visual perception; registration of fragrance trademark
Summary/Abstract: The need to protect fragrances as trademarks has been present on the market. Under applicable EU and national regulations, registration of this type of trademark is theoretically acceptable. The article discusses the changes in the definition of a trademark due to the use of modern technologies and the need to adapt them to the internet age. The key rulings for registering an fragrance as a trademark are cases: Sieckmann (C-273/00) and Eden SARL (T-305/04). Within their context, the author analyses the methods to present a fragrance, which require specialist knowledge and tools, for instance, sending a fragrance in electronic form so as to make its identification possible.

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