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Praktiker Bau- und Heimwerkermärkte AG

[2005] Case C-418/02

Case summary last updated at 31/01/2020 15:06 by the Oxbridge Notes in-house law team.

Judgement for the case Praktiker Bau- und Heimwerkermärkte AG

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’ 

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