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Trademark for retail services

12 April 2000

With the present communication we would like to inform you about the developments which have taken place relating to the trademarks for retail services.

According to the previous procedure it was not possible to file trademarks for retail service only; in order to protect the trademarks in question, anyway, they were filed for all the classes of the products that were sold. Some foreign Countries, like USA, Australia and South Africa, for example, provided for this possibility by including the trademarks in question in class 35 for services.

Recently the Second Appeal Board of the Community Trademarks Office has stated a decision on the basis of which it has been considered valid a registration of a community trademark, specifically applied for retail services, on condition that the sale services were specifically declared and that they were included in class 35.

It is clear that if ever a trademark applicant, in addition to the sale of third parties' products, sells his own products, it is necessary that the trademark is filed also in the classes of these specific products.

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