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Eden SARL v Office for Harmonisation in the Internal Market

[2006] Case T-305/04

Case summary last updated at 31/01/2020 14:13 by the Oxbridge Notes in-house law team.

Judgement for the case Eden SARL v Office for Harmonisation in the Internal Market

Company sought to register ‘smell of ripe strawberries’. Used this verbal description, and an image of a strawberry. Held:
 
·       A picture is not sufficiently precise to constitute a ‘sign’.
·       However is not impossible that in some circumstances, a smell may be adequately graphically represented by a description.

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