C-283/01

SHIELD MARK B.V. v JOOST KIST h.o.d.n. MEMAX

The questions on the interpretation of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, the answer to which by the Court of Justice of the European Communities is considered by the Hoge Raad to be necessary for its decision in the cassation proceedings, are as follows:

• a) Must Article 2 of the Directive be interpreted as precluding sounds or noises from being regarded as trade marks:
  
  b) If the answer to question 1(a) is in the negative, does the system established by the Directive require that sounds or noises should be regarded as trade marks?
• a) If the answer to question 1(a) is in the negative, what requirements does the Directive lay down for sound marks as regards the reference in Article 2 to the need for the sign to be capable of being represented graphically and, in conjunction therewith, as regards the way in which the registration of such a trade mark must take place?
  
  b) In particular, are the requirements referred to in (a) satisfied if the sound or the noise is registered in the form of:
  
  - musical notation;
  
  - an onomatopoeic description in words;
  
  - a description in words in some other way;
  
  - a sound recording medium annexed to the registration form;
  
  - a digital recording that may be listened to on the internet;
  
  - a combination of those methods;
  
  - some other method, and if so, which?