TRADE MARKS
Land Securities PLC - v- Registrar of Trade Marks (High
Court)
The High Court has overturned the UK IPO's previous decision
to refuse to allow the names of shopping centres to be registered
as trade marks in class 35. The Court relied upon the ECJ's
decision in Praktiker Bau- und Heimwerkermärkte AG [2005] ECR
I-5873, which related to retail services, finding that there was no
reason in principle why a shopping centre could not be said to be
providing retail services and building goodwill in its brand.
For the full text of the decision,
click here.
Oakley Inc. v OHIM (CFI)
The CFI has upheld the decision of the OHIM Board of Appeal that
a CTM for O STORE, registered in respect of, generally,
"Retail and wholesale services, including on-line retail store
services", as well as for retail services in respect of
certain specific categories of goods, should be declared partially
invalid in light of an earlier French trade mark registration for
THE
