Register Domain Name - Web Hosting Registration Services

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 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

MORE ARTICLES:

Website Hosting Provider Flux Services Premieres Hosting Affiliate Program Addition
Flux Services announces additional web hosting affiliate program with payouts as high as $118 per sale.

Website Domain Name Registration Services from Access IT Solutions
Before you start building a website, choosing the right domain name is an important thing to do. Website domain name registration is necessary to have a website. The names are important because they enable clients or potential customers to know about your business or organization.

Domain Names and Web Hosting
Experienced webmasters know the value of a good and "sticky" domain name. Ever since Google started ranking higher and giving more weight to web sites which use relevant keywords in the domain name. A clear example can be seen after running a quick search using the term "SEO".

Web Hosting Service – What you Need to Know to Change Web Hosting Providers
When service at your web hosting company is lacking, or your web site grows in traffic so much that you outgrow your current account, you may find yourself needing to change hosting providers. It can be scary to think about everything you need to do.

DiscountASP.NET Expands Global Reach for ASP.NET Web Hosting Services with European Data Center
DiscountASP.NET, a leading innovator in ASP.NET hosting, announces expanding their global reach into Europe with a new data center location in London, UK.

DiscountASP.NET Named Best Hosting Service by asp.netPRO Readers for Fourth Consecutive Year
ASP.NET hosting and SQL hosting leader, DiscountASP.NET announces receiving the "Best Hosting Service" award in asp.netPRO Magazine's 2008 Readers' Choice poll, making it the fourth consecutive year to win this prestigious title.

Website-Hosting-Offers.com Launches to Compare Leading Web Hosting Providers for Small Businesses
Website-Hosting-Offers.com announces the launch of a website featuring a select group of top web hosting providers, including reviews and side by side comparisons of all web hosting plans from these providers. Web hosting providers reviewed include Yahoo Web Hosting, 1&1 Web Hosting, iPowerWeb Hosting, and more. Site visitors can get informative web hosting reviews and articles that cater to everyone from beginning website builders to more experienced small business owners upgrading to a new web hosting plan.

Cheap Internet Hosting, Business Web Hosting - Choosing The Right Web Host Package
With literally hundreds of web hosting providers competing for your business, it may be confusing to find the one that's right for your web site. A few key considerations can help you narrow down your choices to the most affordable and best options to meet your personal, professional or business web page needs.

Start Your Home Base Business With A Domain Name And Web Hosting
So you want to start an internet business where you can work at home and make tons of money The first part is easy to do

The dos and don'ts of web hosting and domain names
When you make the decision to start a website for your business, it is a big step. Going from the world of offline business where clients are limited to geographical locations to online where the entire world is a potential client can be overwhelming.

Nexx Cuts Price on .com Domain Names Web Host Offers Exceptional Value on Domain Names
Nexx Online Inc., an innovative North American web host and ICANN Accredited domain name registrar, today cut the price of their .com, .net, .org, .info and .biz domain names to only $7.95 per year.

Domain Name and Web Hosting Hell
Does GoDaddy really suck?I am in the process of registering more and more domain names so it seems natural to look for the best pricing deal.Registering multiple domain names can add up quickly, especially if you register both the NoDashVersion.

Cheap Domain Names, Hosting & Registration is Easy to Find Now Days
So you have a dream for a web site, an exciting idea or something you want to accomplish on the web Well in order to get started on the exciting Internet you must first find a domain name and hosting provider

Free Website Hosting Vs. Paid Website Hosting Basics
Web site hosting service companies on the Internet permit the user to make their web site accessible through the World Wide Web. There are huge numbers of companies that offer web space on their server for their customers and also offer Internet connectivity in general in a data center. There can be various types of web site hosting companies. The main classification is the free web site hosting and the paid web site hosting service companies.

The 'Website' CHECKLIST : Domains, Hosting, Web Design
This article is meant to all who already have a website or who propose to buy it. Website – the term comprises three things : Domain, Hosting (Web space) & Web DesignThere are numerous company offering these services.