Land Securities, Hammerson and Capital Shopping Centres sought to overturn three decisions of the UK Trade Marks Registrar, which had rejected their applications to register trade marks for shopping centres in class 35.

The companies are the owners of the White Rose, Eden Quarter and Victoria Centre brands respectively.

In his ruling, published on July 25, Mr Justice Floyd said it is clear that “shopping centres make extensive use of branding”.

Floyd referred to the European Court of Justice’s decision in Praktiker Bau- und Heimwerkermärkte AG, which allowed the registration of retail marks in Europe.

Her said that, to be registrable, services must be of the kind “normally provided for remuneration”.

He added the activities of a shopping centre meet that criteria, even if the payment is made by parties (such as shops) that do not receive the benefit of the services provided: “The operator may be remunerated in a manner which is directly related to the custom which it attracts, but, even if that is not so, the Services are not provided in a purely disinterested way.”

To the extent that shopping centre operators generate goodwill associated with their name, they are providing services, said Floyd. “To that extent also, the trade mark of the shopping centre is fulfilling its essential function, that is to say it is distinguishing the services of one undertaking from those of another and guaranteeing the origin of services to which the mark is applied.”

However, Floyd said that some of the examiner’s objections to the applications were justified, and the applicants should be allowed to limit their applications to overcome them.

The shopping centres were represented by Eesheta Shah and Guy Heath of Nabarro and barrister Richard Arnold QC. The Treasury Solicitor instructed barrister Michael Edenborough.