The European Court of Justice ("ECJ") ruled in Praktiker Bau- und Heimwerkermärkte (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 Märkte, 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 Märkte 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 http://www.rtcoopers.com
In the event of that a threatening nation to the... Read More
In an age of terrorism, guerilla and total warfare the... Read More
The filibuster as a political delaying tactic has been a... Read More
Continued thoughts while driving down the road in a huge... Read More
Will a bus running across the borders bring cordial relations... Read More
1. United States of America (USA)In the United States, legislation... Read More
Many have lost faith in the government and are completely... Read More
Currently the United States has weapons, which can shoot around... Read More
Why did the California energy crisis happen? Who is to... Read More
Japan lit its candles of pure, "noble sadness" on the... Read More
The other day I was sucker punched, hoodwinked, bamboozled, had... Read More
Today we have a new franchise report from the Federal... Read More
I read an interesting article in foreign Affairs magazine last... Read More
In today's Rants from Lance session I address the question... Read More
All countries have specific things that are abundant in the... Read More
This is the second of a series of four articles... Read More
I am personally calling for a total disbanding of the... Read More
For more than a decade, you the American taxpayer have... Read More
The recent Jakarta summit of Asia and Africa brought remembrance... Read More
I always have to remember to take a deep breath... Read More
Recently the Los Angeles Transit workers are on Strike and... Read More
One third of all fertilized eggs spontaneously abort and are... Read More
Up until the final debate at Arizona State University, the... Read More
"The only time I open my mouth is when I... Read More
Why are intelligent people so afraid of the idea that... Read More
Let the reader be reminded, that this document we are... Read More
We have known of the innate characteristic need of members... Read More
The civil war in Iraq seems to be much more... Read More
The original vulgarity was bylined: ?The Constipation of America's Mid-East... Read More
The idea that the majority shows the will of the... Read More
MUD ? Much Unnecessary DisclosureThe Federal Trade Commission recently asserted... Read More
One of my favourite pieces of music is the Sex... Read More
(Note: This article was written slightly before the 2004 election;... Read More
As the Baby Boomer Generation continue to get older, one... Read More
The Sarbanes-Oxley Act Was created on July 30th 2002, by... Read More
Mexican has tariffs on goods, which come into its country... Read More
Those who are above the law or act as such... Read More
Many times our government regulatory over embellish problems in the... Read More
Well, another election has come and gone in the US... Read More
Sodomy is against the law, yet goes on every day... Read More
Many of those who wish to fight for our country... Read More
I would like to pose a question. I am unsure... Read More
With the world's largest oil and natural gas reserves, second... Read More
Bosnia-Herzegovina (heretofore "Bosnia") is an artificial polity with four, tangentially... Read More
Many believe Al-Qaida already has nukes in the United States... Read More
Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, has... Read More
ACCREDITATION: - Scholastic regimentation from the post WWII period has... Read More
Question: Dr. Vaknin ? is it true that you are... Read More
Our Airports have excess capacity, which is not being used... Read More
Excess capacity occurs in many industries, such as power, electricity,... Read More
We know that the International Terrorists like the idea of... Read More
The Republican Party became popular due to its view on... Read More
There are so many problems with our perceived perfect checks... Read More
The American Dream is the promise to have it all... Read More
The North American Trade Agreement (NAFTA) was implemented on January... Read More
When organising a country or a group of people in... Read More
Having been to every city in the country over the... Read More
Compulsory-attendance laws force parents to send their children to public... Read More
In a recent report on the status of the Franchising... Read More
Journalism, as it is often said, is the 'fourth branch... Read More
You know we have sent many, many army tanks with... Read More
Many Americans feel betrayed by their government, our government. I... Read More
When you look at the news, immigrants are dying trying... Read More
Submiting the Criminals to The ICC!Everybody concerns about justice in... Read More
They do not allow the criticism of the president in... Read More
One question not addressed in GM Crops and Monsanto Terminator... Read More
Political |