Trademarking Smells

Hello,

Please note that in the European Community "any signs capable of being represented graphically can be registered provided that such signs are capable of distinguishing the goods and services of one undertaking from those of another undertaking".
The European Court of Justice (ECJ) has issued the landmark Judgment of 12 December 2002 in Case C-273/00, (Ralf Sieckmann vs Deutsches Patent- und Markenamt). Said decision states 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."
Best regards.