Large similarity for unspecified Retail sale services

On September 24, 2008, the European Court of First Instance ruled that “retail and wholesale services, including on-line retail store services” could relate to all goods.

The Court thus retained a similarity with “clothing, headwear, footwear, athletic bags, backpacks and knapsacks wallets” of the earlier mark.

This establishes the scope of protection of retail sale services without indication of the products. The immediate consequence is that, as a minimum, class 35 should be covered in trademark searches for brand product projects and in trademarks watches

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