Apple store layout is granted as a trademark!

As of Thursday 10^th July 2014, Apple won the fight for the right to trademark its stores unique layout in Europe in a landmark ruling. After the rejection from the German courts, the matter was referred to the European courts for guidance after an appeal from Apple.

It was concluded that the distinctiveness of the Apple stores was enough to warrant a trademark. This ruling further means that the trademark is available in its Germany stores as well as UK stores.

The court held that the Apple store met the three trade mark criteria. These are:

• They constitute a sign
• They can be represented in a graphic, and;
• They can distinguish from the goods or services sold by one company from those of another company.

In the court’s judgment it held “the representation of the layout of a retail store, by a design alone, without indicating the size or the proportions, may be registered as a trade mark for services”.

Theresa Wright