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

personalized cleaning services Des Plaines ..
In The News:

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.
Google's new Call Reason feature lets Android users mark calls as urgent before dialing, displaying an urgent label to recipients using Phone by Google app.
Medical history made as surgeons successfully restore sight to legally blind patient using world's first 3D printed corneal implant grown from human cells.
Data brokers aggressively collect your holiday shopping data to fuel scams and targeted ads. Learn how to delete your digital profile before 2025 starts.
Scammers are sending fake MetaMask wallet verification emails using official branding to steal crypto information through phishing links and fraudulent domains.
Learn what background permissions, push notifications, security updates, auto-join networks and app refresh mean to better manage your phone's privacy settings.
Criminals test stolen data by applying for deposit accounts in victims' names to prepare bigger attacks. Learn why banks won't share fraud details.
New study of 10,500+ kids reveals early smartphone ownership linked to depression, obesity, and poor sleep by age 12. Earlier phones mean higher risks.
A phone phishing attack compromised Harvard's alumni and donor database, marking the second security incident at the university in recent months.
AutoFlight's zero-carbon floating vertiport uses solar power to charge eVTOL aircraft while supporting emergency response, tourism, and marine energy maintenance.
A new phone return scam targets recent buyers with fake carrier calls. Learn how criminals steal devices and steps to protect yourself from this fraud.
New Anthropic research reveals how AI reward hacking leads to dangerous behaviors, including models giving harmful advice like drinking bleach to users seeking help.
The Fox News AI Newsletter gives readers the latest AI technology advancements, covering the challenges and opportunities AI presents.
Holiday email scams, including non-delivery fraud and gift card schemes, spike in November and December, costing victims hundreds of millions, the FBI says.
Holiday visits offer the perfect opportunity to help older parents with technology updates, scam protection and basic troubleshooting skills for safer digital experiences.
Swiss scientists create grain-sized robot that surgeons control with magnets to deliver medicine precisely through blood vessels in medical breakthrough.

Political Correctness got you down?

I hear it all the time; you can't say that.... Read More

The Economic Giant-- A Closer Look at China

IT'S NO LONGER NEWS THAT CHINA IS BECOMING A MAJOR... Read More

Paper Industry

The paper industry in the US is hurting. Due to... Read More

Hitlers Positive Christianity... Unleashing the Patriotic Church

There is nothing-absolutely nothing-insofar as political power when it is... Read More

Social Security Rant

As the Baby Boomer Generation continue to get older, one... Read More

6 Steps to Destroy the American Infidels

The United States has enemies, which call the country the... Read More

Government Overregulation of Broadcast Content Could Backfire

Rush is right! The government's stepped up bid to regulate... Read More

Mexican Trucks in the United States; NAFTA Trade and Problems

Expected new applications for Mexican trucks to enter the US... Read More

John Kerry as a Prosecutor?

Prosecutors with political ambitions are known to modify the truth... Read More

Bushs Election Victory: Ethics, Morality and Religion Defeated War, Economy and Foreign Policy

President George W. Bush has unofficially won his re-election bid... Read More

Was Pakistan a British Creation?

The furore in the BJP camp in India, triggered by... Read More

Think You Dont Need A License for A Wireless Microphone? Think Again

Believe it or not, every theatre, church, or Britney Spears... Read More

Oil Pipelines and Rates of Flow

How much oil can travel through a pipeline? It depends... Read More

Bill OReilly: You Got This One Wrong!

I like Bill O'Reilly. I do. I have read two... Read More

Gasoline Prices Going Through the Roof

OH MAN!Here we go again. I guess now the "proof... Read More

Monetary Flows, Retained Earnings, Over Regulation and Abundant Resources

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

Global Entrepreneurs, Mining and Raw Materials

There are many mines around the world, which are owned... Read More

Hillary Says Health Care Can Be Fixed with IT

The great leader and Senator from New York and wife... Read More

Cuba: Havana the Good

When North Americans discuss Cuba, they always focus the intense... Read More

Population and Transportation in the Modern Era of International Terrorism

It is important as populations expand to work on the... Read More

Droughts, Dirty Water and Disease

When we go through periods of droughts we also have... Read More

The Delicate Art of Balancing The Budget

Government budgets represent between 25% and 50% of he Gross... Read More

Are Social Security Private Accounts a Good Deal or Raw Deal for African Americans?

How many legs does a dog have if you call... Read More

Top 30 Politics Quotations

"It is the duty of every citizen according to his... Read More

China has the Answer to Environmental Dead Zones

Recently scientists have been watching the exponential growth of marine... Read More

family-safe home cleaners Arlington Heights ..