C sought to register mark for ‘retail trade in building, home improvement and gardening goods for the home improvement sector’. Held:
· Is possible to obtain trade mark in respect of provision of retail services.
· However particular type of goods to which service relates must be specified.
· “Retail services” does not just include act of selling goods; includes e.g.:
Ø Selection of goods
Ø Provision of services designed to induce customer to buy their products at C’s store rather than at a competitor
Therefore no need to restrict definition of services so as to exclude ‘retail services’
