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Trade Marks for Retail Services are Registrable in the European Community Trade Mark Office

Trade Marks for Retail Services are Registrable in the European Community Trade Mark Office

01/11/00

Contrary to current practice in some European countries, the Second Board of Appeal of the Community Trade Marks Office recently handed down a decision (under reference R 46/1998-2) in relation to Community Trade Mark Application 000258852 that trade marks for retail services can be accepted insofar as the application contains a comprehensible description of the services and which includes a reference to the field in which the services are rendered. For Application 000258852 the appropriate description was considered to be "retail services in the field of sports goods" and such suggested wording can be readily adapted to any relevant field of interest. It was thought that at least some European countries would revise their practice for consistency with this decision and the Irish Patent Office and UK Trade Marks Registry have recently confirmed such a change. In a recent decision, the UK Trade Marks Registry indicated an example of an acceptable definition as "the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods in a retail electrical store/in a retail furniture store/from a clothing catalogue by mail order or by means of telephone communications/from an internet website specialising in the sale of sportswear and equipment/from a general merchandise internet website".

March and November 2000