This essay research is born with the aim of analysing the European Court of Justice ruling (12 December 2002), Sieckmann Case C-273/00. This ruling prohibits the register of smell signs due to the impossibility of its graphic representation. In our opinion, the graphic representation of these signs is perfectly possible according with the elements Mr. Sieckmann filed to the Court. In this particular case, the facts of making a written description of the smell or representing it by a formula are more than enough in order to file the smell sign without trespassing the limits of the legal safety. Moreover, if we take into account the Court ruling (27 November 2003), Shield Mark Case BV C-283/01, different criteria are applied in order to file other non-conventional signs.
