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Praktiker Bau- und Heimwerkermärkte AG [2005] Case C-418/02

By Oxbridge Law TeamUpdated 04/01/2024 07:18

Judgement for the case Praktiker Bau- und Heimwerkermärkte AG

Table Of Contents

  • Claimant 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.:

    • Selection of goods

    • 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’ 

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