Abstract

RAMOS HERRANZ, Isabel. Harmonisation on trade in the European Union law and the necessary change regarding scent marks. Rev. IUS [online]. 2014, vol.8, n.33, pp.161-182. ISSN 1870-2147.

Spanish legislator as well as the other European Union Member States have had to modify their Law to follow the called First Community Directive on Trade Marks; in Spanish case, it had a first attempt that had be corrected through the current trade mark law of 2001. Such harmonisation regarding scent marks have to be revised, due to the interpretation given by the European Court of Justice in Siekmann Case brakes the registration of this type of trade marks; others legal frames, as North American one, allow rework the requirements for the scents trademarks fulfil both graphical representation and distinctive force.

Keywords : Trademarks; European Union harmonisation; scent trademarks; non visual trademarks; graphical representation; distinctive force.