Odor mark

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An olfactory mark is a mark that consists only of an odor as such.


A smell can fulfill the function of a brand, i.e. to differentiate the goods or services of one company from those of other companies. This means that an odor can generally be entered as a trademark in the trademark register.

As with all brand types ( word / figurative mark , word mark , figurative mark , color mark , audio mark ), the olfactory mark must also be distinctive for the goods and services claimed.

The problem here - more than with the abstract color mark and with special sound marks - is the requirement of graphic representability. To this end, the ECJ has confirmed in its Sieckmann decision ( ECJ , case C-273/00 ) and later - referring to it - in the Libertel and Heidelberger-Bauchemie decision that a brand can only be represented graphically if it is clear, is clear, self-contained, easily accessible, understandable, permanent and objective.

Previous example (a registered trademark)

The only example of a registered odor mark (000428870) that has meanwhile become ready for cancellation, deleted at the end of 2007 after it was not renewed:

Description: Consists of the smell of freshly cut grass applied to the product.

Registered goods: tennis balls.

Web links


Individual evidence

  1. ECJ C-273/00. Retrieved December 28, 2018 .