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

express cleaning service Arlington Heights ..
In The News:

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.
Researchers exploited WhatsApp's API vulnerability to scrape 3.5 billion phone numbers. Learn how this massive data breach happened and protect yourself.
Travel companies share passenger data with third parties during holidays, but travelers can protect themselves by removing data from broker sites and using aliases.
Xpeng's humanoid robot moves so realistically that crowds believed it was fake, marking a major advancement in robotics technology ahead of 2026 commercial launch.
Researchers discover phishing scam using invisible characters to evade email security, with protection tips including password managers and two-factor authentication.

Conservation of Water in Big Cities

Water Conservation in larger cities is less of an issue... Read More

TSA Missteps at Our Airports

The TSA seems to have completely missed the ball at... Read More

Emminent Domain May Hit Close to Home

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

Mexican Trucks in the United States; NAFTA Trade and Problems

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

Fraud From FTC Insiders, Who Can You Trust?

The FTC franchising division purports their law enforcement experience in... Read More

Federal Trade Commission and Dismal Performance on Mergers

Most citizens agree that we need the Federal Trade Commission... Read More

What could Macedonia Learn from a Tiger? Asian Tigers and Uninterrupted Economic Growth

The first reaction of economies in transition is a sharp... Read More

True Democracy and a Way Forward

The process of researching this topic has been an interesting... Read More

The Looting of American Taxpayers Social Security Disability by Fraudulent Employers Pt. 1

For more than a decade, you the American taxpayer have... Read More

Chinese Rhetoric Over Taiwan, Back At You

It appears we are getting a little bit of Sun... Read More

A Noble Attempt To Bring Peace in Assam

United Liberation Front of Assam (ULFA), one of the most... Read More

DC Lawyers; Have I Got a Case for You?

This is no time for the Black community to sue... Read More

California Power and Commodity Markets

Excess capacity occurs in many industries, such as power, electricity,... Read More

Trade Wars, China and Over Regulation At Home

We are seeing some trade wars brewing as American trade... Read More

When Will America Wake Up?

In order to win the presidency in America, candidates must... Read More

Wealth Distribution and Inheritance, What Will They Buy? Cars

Wealth Distribution is often discussed at length in periodicals such... Read More

Carl Rove and the Case of Sour Grapes

The Carl Rove issue is definitely interesting and distracting. The... Read More

A Trade War is brewing; Are We Paying Attention

Incompetence is all too obvious at the trade shows of... Read More

Harmonic Beams to Pre-Detonate Shoulder Launched Surface to Air Missiles

Using Harmonic Beams to Pre-Detonate Shoulder Launched Surface to Air... Read More

Should Judgeships Be a Political Event?

Thought of the day; Questions about the judicial system. If... Read More

Anyone Awake Out There?

As we reel from the news of the recent bombings... Read More

The Elephant Roared and Brought Forth a Turd: A Case Against Democratizing the Middle East

The original vulgarity was bylined: ?The Constipation of America's Mid-East... Read More

Jobs and the Flow of Fuel

We see today a fierce unspoken competition between trucks and... Read More

FTC Fixing SPAM?

Is the Federal Trade Commission really stopping SPAM? Is the... Read More

Thoughts Born of Tragedy ...

..."history may judge us to be the real bully if,... Read More

tidy up service Arlington Heights ..