Ralf Sieckmann V Deutsches Patent Und Markenamt
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Ralf Sieckmann V Deutsches Patent Und Markenamt
In trademark law, Sieckmann v German Patent and Trademark Office (case C-273/00) issued on December 12, 2002, is widely recognised as a landmark decision of the European Court of Justice on the graphical representation of non-conventional trademarks under the European Trade Marks Directive. The case involved a "methyl cinnamate Methyl cinnamate is the methyl ester of cinnamic acid and is a white or transparent solid with a strong, aromatic odor. It is found naturally in a variety of plants, including in fruits, like strawberry, and some culinary spices, such as Sichuan ..." scent, which the applicant had described "as balsamically fruity with a slight hint of cinnamon". The ECJ ruled that (a) a chemical formula depicting this scent did not represent the odour of a substance, was not sufficiently intelligible, nor sufficiently clear and precise; (b) a written description was not sufficiently clear, precise and objective; and (c) a physical deposit of a sample of the scent did ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Deutsches Patent- Und Markenamt
The German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt; abbreviation: DPMA) is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena. In 2006 it employed 2556 people, of which about 700 were patent examiners. Function and status The DPMA is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs, trademarks and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the '' Patentinformationszentrum'' (Patent Information Centre), united in the ''Deutscher Patentinformationszentren e.V'' (German Patent Information Centres Association). The legal basis of the German Patent and Trademark Office is § 26 of the ''Patentgesetz'' (German Patents Act). History The first unified ''Patentgesetz'' (German Patent Act) was adopted on 2 ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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Non-conventional Trademark
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services. The term is broadly inclusive as it encompasses marks which do not fall into the conventional set of marks (e.g. those consisting of letters, numerals, words, logos, pictures, symbols, or combinations of one or more of these elements), and therefore includes marks based on appearance, shape, sound, smell, taste and texture. Non-conventional trademarks may therefore be ''visible'' signs (e.g. colors, shapes, moving images, holograms, positions), or ''non-visible'' signs (e.g. sounds, scents, tastes, textures). Trends and issues Certain types of non-conventional trademarks have become more widely accepted in recent times as a ...
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European Trade Marks Directive
Council Directive No. 89/104/EEC (Repealed by EU Directive 2008/95/EC), to approximate the laws of the Member States relating to trade marks, was introduced into European Union law on 21 December 1988. Its provisions were required to be introduced into national law by 29 December 1991. On this date, the Directive therefore became law with direct effect in each of the member states of the European Union. Intention The Directive is intended to approximate the laws of the Member States of the European Union which relate to trade marks and to harmonise disparities in the respective trade mark laws which have the potential to impede the free movement of goods and provision of services, or to distort competition within the European Union. The Directive provided a framework of minimum provisions applicable throughout the European Union but did not seek to impose onerous obligations on national trademark registries. For example, the Directive did not stipulate how member states shoul ...
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Methyl Cinnamate
Methyl cinnamate is the methyl ester of cinnamic acid and is a white or transparent solid with a strong, aromatic odor. It is found naturally in a variety of plants, including in fruits, like strawberry, and some culinary spices, such as Sichuan pepper and some varieties of basil. ''Eucalyptus olida'' has the highest known concentrations of methyl cinnamate (98%) with a 2–6% fresh weight yield in the leaf and twigs. Methyl cinnamate is used in the flavor and perfume industries. The flavor is fruity and strawberry-like; and the odor is sweet, balsamic with fruity odor, reminiscent of cinnamon and strawberry. It is known to attract males of various orchid bees, such as '' Aglae caerulea''. List of plants that contain the chemical * ''Eucalyptus olida'' 'Strawberry Gum' * '' Ocotea quixos'' South American (Ecuadorian) Cinnamon, Ishpingo * '' Ocimum americanum'' cv. Purple Lovingly (Querendona Morada) * ''Ocimum americanum'' cv. Purple Castle (Castilla Morada) * ''Ocimum americ ...
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Trademark Case Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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German Case Law
German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Germanic peoples (Roman times) * German language **any of the Germanic languages * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (other) * ...
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