Intellectual Property: The ECJ Extends the Use of Trade Marks to Goods and Services

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

quick home cleaning Glenview ..
In The News:

FBI warns cybercriminals are stealing family photos from social media to create fake proof of life images in virtual kidnapping scams targeting victims.
Instagram's new 'Your Algorithm' tool lets you control your Reels feed in real time. The app now gives you power to customize what videos you see.
Major Marquis fintech breach exposes 400,000-plus Americans' data through unpatched SonicWall vulnerability, with Texas hardest hit at 354,000 affected.
Free up iPhone storage fast by clearing large photos and videos from Messages app. Simple steps for iOS users to delete attachments without losing chats.
Scammers are flooding inboxes with fake tracking alerts that mimic real carriers, exploiting the holiday rush to steal logins and personal data.
The Fox News AI Newsletter brings you the latest news on AI technology advancements and the challenges and opportunities AI presents now and for the future.
Texas family reunites with missing 11-year-old cat Grayson after 103 days using Petco Love Lost's AI photo matching technology and community help.
Tired of AI customer service loops? These insider tricks help you escape "frustration AI" and get real human help when you need it most for urgent issues.
Unlock richer audio from your streaming apps with simple tweaks to volume normalization, equalizer settings, and quality preferences for cleaner sound.
Scammers are sending fake Facebook settlement payout emails that mimic legitimate notices from the privacy settlement administrator to deceive users.
Holiday shopping scams surge as fake refund emails target distracted consumers during Black Friday and holiday seasons, costing Americans billions annually.
The AI-powered IRMO M1 exoskeleton features four modes, including turbo, eco, training and rest for hiking, running, cycling and sports with eight-hour battery life.
OpenAI announced upgrades for its ChatGPT Images platform on Tuesday, saying the program can now make more precise edits and produce images more quickly.
Chrome for Android now turns web articles into AI-powered podcast conversations. Get hands-free browsing with Google Gemini's natural audio summaries.
LastPass faces $1.6 million fine from U.K. regulators after 2022 data breach exposed 1.6 million users. Password manager failed proper security controls.
Petco disclosed a data breach exposing customer Social Security numbers, financial account details, and driver's license information due to a software error.
Baseball teams can now analyze complete swing mechanics in normal training environments using Theia's markerless AI system that processes standard high-speed footage.
Smart home hacking fears overblown? Expert reveals real cybersecurity risks and simple protection tips to keep your connected devices safe from hackers.
MIT develops needle-free glucose monitor using light technology. Revolutionary device could replace painful finger pricks for diabetes management.
The ClickFix campaign disguises malware as legitimate Windows updates, using steganography to hide shellcode in PNG files and bypass security detection systems.
Researchers from Osaka Metropolitan University designed a 21-foot dome that combines aquaculture and hydroponics to create a self-sustaining urban food system.
The Fox News AI Newsletter gives readers the latest AI technology advancements, covering the challenges and opportunities AI presents.
ChatGPT data breach exposes personal info of users through partner Mixpanel. OpenAI confirms names, emails compromised in security incident.
Android rolls out Emergency Live Video for 911 calls, letting dispatchers see real-time scenes during emergencies. Great for holiday travel safety.
Malicious Chrome and Edge extensions collected browsing history, keystrokes and personal data from millions of users before Google and Microsoft removed them.

MORAL ARMOR Condemns Home and Business Seizure Law

Nothing could be more alarming for Americans than what I... Read More

3D Tactical Image Projection Enhanced Decoy System

I propose a special Projection Device code-named: "TIPED". This system... Read More

Accessibility Requirements for Fair Housing

PolicyFederal Fair Housing accessibility requirements for new multifamily buildings should... Read More

Dole, Kemp, Trusting People

Many in the peanut gallery of society are so quick... Read More

Fair Trade and Pearls in the U.S.

Guides for RetailersThe regulations about marketing pearls are listed in... Read More

Question Authority

Policemen in many US cities are taking their new authority... Read More

Spies in Seminaries - Stalin the CEO

The use of religion is well-documented as a social engineering... Read More

Trains and the Flow of Fuel

Fuel costs seem to rank high in surveys of US... Read More

Garbage in Garbage out; California Blackouts

Why did the California energy crisis happen? Who is to... Read More

Monetary Flows, Retained Earnings, Over Regulation and Abundant Resources

All countries have specific things that are abundant in the... Read More

Without Trucks America Stops

Do you ever wonder how everything gets to the super... Read More

Ex-CIA Folks are Problematic

Those who are above the law or act as such... Read More

The Senate Filibuster: The Hulk Plan and the Nuclear Option

The partisan feuding in the U.S. Senate over federal judicial... Read More

Federal Trade Commission Falsely Purports Franchise Disclosure is Cost Effective

In a recent report on the status of the Franchising... Read More

Experts?

ACCREDITATION: - Scholastic regimentation from the post WWII period has... Read More

Toll Ways Hurt The Flow of Transportation

The United States has never done a full study on... Read More

Using a Meteor Shower as Decoy for ICBM Attack

In the event of that a threatening nation to the... Read More

Arson Neighborhood Mobile Watch Program for Summer Fire Season

Due to the bizarre weather patterns this winter California got... Read More

Dont Trade Rights for Security

"Those who sacrifice essential liberty for temporary safety are not... Read More

Ifs and VATs of Taxation in Macedonia - Should VAT be Applied in Macedonia?

To be justified, taxes should satisfy a few conditions:Above all,... Read More

Transporting Troops in the Future

Currently when we transport troops we use large cargo planes... Read More

Debt Relief and Reality Check

The United States and other first world nations have been... Read More

Emminent Domain May Hit Close to Home

IN A DAY AND AGE where one voice screaming among... Read More

Operation Iraqi Freedom, Soldiers and Their Psyche

Have you noticed that the when the service men who... Read More

Positive People Power - Taking Control By Being Proactive NOT Reactive!

WE MUST PUT A STOP TO THE EVER-INCREASING PRICE OF... Read More

scheduled maid service Winnetka ..