Court of Justice clarifies the concept of ‘retail services’ in trade mark specifications (Tulliallan Burlington v EUIPO)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

IP analysis: The Court of Justice has clarified what is meant by the concept ‘retail services’ in the context of those services designated under class 35 of the Nice Classification and the extent to which precision is required in relation to the trade mark specification when covering class 35. Specifically, where an applicant seeks to register a trade mark for services associated with retail trade, it is not necessary to specify in detail the service or services for which that registration is sought. However, the applicant must specify the goods or types of goods to which those services relate (Praktiker). The Court of Justice has now provided helpful guidance for those drafting trade mark specifications. Written by Joshua Marshall, senior associate, at Fieldfisher LLP.