||All England Reporter
|| All ER (D) 333 (Jul)
|| EWHC 1744 (Pat)
||Chancery Division, Patents Court
||Richard Arnold QC (instructed by Nabarro) for the applicants.
||Michael Edenborough (instructed by the Treasury Solicitor) for the respondent.
||25 July 2008
Trade mark - Registration - Trade marks in respect of services - Services provided in connection with retail trade - Whether registration possible for services provided in connection with retail trade in goods - Definition of 'services' - Whether shopping centres providing services - Whether services provided for remuneration - First Council Directive (EEC) 89/104, art 2
Trade mark Registration. 'Services' within the trade marks Directive and the 1994 Act had to be of the kind that were 'normally provided for remuneration'. The definition of 'remuneration' did not have to be narrow, of the sort which would be separately itemised on a separate invoice, and could encompass the services of a shopping centre operator, which carried on activities of 'a commercial character'. There was no reason in principle why it could not be said that a shopping centre operator was providing the services.
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