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The Trademark Blog

The Trademark Blog

Published by Martin Schwimmer

EC’s CFI Turns Up Nose At Smell Trademark

By Marty Schwimmer on October 27, 2005
Posted in Non-Traditional Trademarks

Odor trademark stinks? Application for trademark consisting in part of ‘the smell of strawberry’ rejected by Court of First Instance of the EC, on grounds that the smell can’t be graphically represented (Eden v. OHIM). OHIM smells a rat? Smell trademark application makes no scents?

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About the Author

Martin Schwimmer is a partner in Leason Ellis, an IP law boutique in White Plains, NY. His practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation.

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