Metro-Goldwyn-Mayer Lion Corporation’s Appeal relating to Community trade mark application No. 143 891 Case R 781/1999-4 In the said case, the Applicant sought to register the famous MGM Roar of Lion as a trade mark and represented the same through a spectrogram[1] in the application. The issue as to registrability arose as the subject application…
Shield Mark BV v. Joost Kist h o d n Memex; Case No. C-283/01 European Court of Justice Brief Facts: Registrant (Sheild Mark BV) of the mark had 14 registered trade marks in its favour granted by Benelux[1] Trade Marks Office. The registrations were in Class 9 (computer software (recorded), etc.), 16 (magazines, newspapers, etc.),…
Sieckmann v. Deutsches Patent-und Markenamt Case C-273/00, 2003 E.T.M.R. 37 Brief Facts: The Applicant intended to register an olfactory/smell mark, before the German Patent and Trade Marks Office, in Classes 35, 41 and 42 for which the Applicant provided the following description: “Trade mark protection is sought for the olfactory mark deposited with the Deutsches…
Venootschap onder Firma Senta Aromatic marketing’s Application; [1999] E.T.M.R. 429 (Eur. Comm. Trade marks Office, Second Board of Appeal) Brief Facts: The Applicant applied for registration of a smell mark with the description ‘THE SMELL OF FRESH CUT GRASS’ for tennis balls. The Examiner was of the view that the words ‘the smell of fresh…