The European Court of Justice ("ECJ") ruled in Praktiker Bau- und Heimwerkerm?rkte (C 418/02) that a trade mark that is now in use by a company on its goods can be extended to cover the services provided by this company.
A DIY retailer Praktiker M?rkte, filed for registration with the Deutsches Patent und Markenamt (the German Patent and Trade Mark Office) of the mark PRAKTIKER in respect of the slogan 'retail trade in building, home improvement and gardening goods for the do-it-yourself sector.' However the German Patent Office refused registration of this slogan on the grounds that the concept of 'retail trade' did not denote independent services having autonomous economic significance.
Praktiker M?rkte brought an appeal before the Bundespatentgericht (Federal Patents Court) against the rejection of its application. The company argued that the economic trend towards a service society necessitated a re-appraisal of retail trade as a service. The consumer's purchasing decision would increasingly be influenced not only by the availability and price of a product, but also by other aspects such as the variety and assortment of goods, their presentation, the service provided by staff, advertising, image and the location of the store, etc. Such services provided in connection with retail trade enabled retailers to be distinguishable from their competitors. They further argued that such services ought to be eligible for protection by service marks.
The case was referred to the ECJ who concluded that:-
Retail services should be registered as trade marks if the services differ from the goods under which the trade mark is sold; and The contents of the services provided by the retailer must be specified so as to enable consumers to know in concrete terms (1) what the service consists of (expressions such as "retail trading" or "retail services" are not explicit enough) and (2) what goods or types of goods the services relates to.
Comment: This is a significant decision for trade mark owners.
If you require further information contact us.
Email: enquiries@rtcoopers.com
? RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Intellectual property law firm advising on patents, trade marks, copyright, designs, pharmaceutical law, biotechnology law, patent attorneys, patent lawyers, copyright, know-how, trade marks, trademarks, copyright solicitor, copyright law, IP lawyers, IP law Firm, IP valuations, IP solicitors, freedom to operate copyright lawyers, patent solicitors, branding,intellectual property lawyers, intellectual property solicitors.
For any further information, emailus at enquiries@rtcoopers.com. Visit our website at enquiries@rtcoopers.com
Beecher limo rentals ..1) IS HAVING A DEMOCRACY MORE EFFECTIVE IN ADDRESSING POLITICAL... Read More
1. United States of America (USA)In the United States, legislation... Read More
Ever wonder why labor unions consistently endorse democrats over republicans... Read More
There is a lot of debate about who made the... Read More
The United States has never done a full study on... Read More
For years we've suffered under recession, prompting us to ask,... Read More
China maybe stopping some of the SPAM coming into the... Read More
Yes, Bush is two-faced. The two sides of the faces... Read More
As the populations expand in Colorado outside of Denver, Las... Read More
The official working week is being reduced to 35 hours... Read More
Unions are angry at the high salary of the executives... Read More
I'VE ALWAYS ARGUED THAT ECONOMIC ILLITERACY IS VERY COSTLY.This is... Read More
In order to build a stronger, more self-sufficient America, America... Read More
It is amazing how the Federal Trade Commission has destroyed... Read More
Let's put it all into perspective: the U.S. has an... Read More
MUD ? Much Unnecessary DisclosureThe Federal Trade Commission recently asserted... Read More
The number of countries in the world at the moment... Read More
After the dance the piper must be paid. To help... Read More
Sizing up North Korea is important for a war there.... Read More
The organic farmers are angry that Monsantos terminator GM seeds... Read More
The blogosphere has been jumping around the story like crazy... Read More
The trade deficit with Canada is now 50 Billion per... Read More
The man on the tape raised his hand, pointing a... Read More
You say, you want to help the Palestinians, but most... Read More
ACCREDITATION: - Scholastic regimentation from the post WWII period has... Read More
Bridgeview limo Chicago ..This is a thought on the study of Home and... Read More
America is filled with standouts and perserverance; our nation has... Read More
The Bill of Rights to our Constitution caused -- and... Read More
Will a bus running across the borders bring cordial relations... Read More
Veterans Affairs Employees using government credit cards on personal items?... Read More
Recently in Professional Builder a cover article discussed how the... Read More
Many in the World Media are quick to judge the... Read More
The more I study the dynamics of WWII the more... Read More
I propose a special Projection Device code-named: "TIPED". This system... Read More
In an effort to assist our political leadership it would... Read More
Absolute power corrupts absolutely. Men desire power. Give power to... Read More
The predominant discussion in the Indianapolis media over the proposed... Read More
This is the third in a short series of four... Read More
Believe it or not, every theatre, church, or Britney Spears... Read More
Sizing up North Korea is important for a war there.... Read More
Do you really want to get ahead in your life?... Read More
Many people do not understand politics very well. They often... Read More
These leaders like the Rothschilds who backed Crowley's Hermetic Order... Read More
I hear it all the time; you can't say that.... Read More
Many people who are expert in the issue of the... Read More
Three years ago I published a book of short stories... Read More
I like Bill O'Reilly. I do. I have read two... Read More
Capitalism as the social structure was founded in order to... Read More
Heavens, what are we up against? It seems these days... Read More
I would like to pose a question. I am unsure... Read More
Political |