Giacomelli sport follow-up.
On March 24, 2000 the Office in Alicante confirmed that
the services protectable, in the case at issue, can be described
as "retail services for specific sport products" as
established by the Board of Appeal's decision on this matter.
One might wonder what the protection for wholesalers is?
It would be expected now that OHIM would adopt a consistent line
of interpretation for all the applications claiming "retail
services" but using a different wording.
It is our understanding that the Office is not yet convinced
that retail services deserve trademark protection and would like
to have another try maybe before a different Board of Appeal.
We will see shortly what the future will be for the many applications
still suspended by OHIM examiners waiting for a new harmonised
interpretation hopefully in line with the teaching of the Second
Board of Appeal.
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