PEB Trade Mark Practice Questions - UK Trade Mark Attorney Qualifying Examinations (PEB) Exam

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In Sieckmann v Deutsches Patent- und Markenamt (Case C-273/00), the CJEU laid down criteria for the representation of an olfactory (smell) mark. What did the Court conclude about a chemical formula, a written description and a sample combined?

Together they satisfied the representation requirement A sample of the scent alone was sufficient None of them, individually or in combination, met the requirement of a clear, precise, self-contained, easily accessible, intelligible, durable and objective representation A written description in words was always sufficient on its own

Correct Answer:

None of them, individually or in combination, met the requirement of a clear, precise, self-contained, easily accessible, intelligible, durable and objective representation

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