CJEU: Apple can trademark store design

Europe’s highest court has ruled that Apple can trademark the layout of its stores, ending a year-long dispute.

The Court of Justice of the European Union (CJEU) ruling follows a spat that began when the German Patent and Trademark Office (DPMA) said the Californian company could not extend its rights for the stores’ layout to Germany.

In 2010 Apple was granted a US trademark for its store design—a 3D sketched image showing a representation of the shop floor.

But in January last year, the DPMA rejected its application, prompting an appeal to the Federal Patent Court (Bundespatentgericht).

The Bundespatentgericht also refused to grant the application, citing the design as an aspect of the business, which consumers would not associate with the products’ commercial origin.

An appeal was subsequently lodged at the CJEU, which was asked to consider whether Apple’s design distinguished it from other goods and services.

Apple’s stores have become well-known for their spacious environment and white counters to display products. There are no check outs and members of staff carry remote payment devices.

In a judgment published yesterday (July 10) the court said this design was sufficiently distinctive to warrant trademark protection.

“The representation, by a design alone, without indicating the size or the proportions, of the layout of a retail store, may be registered as a trademark for services,” the judgment said.

The decision paves the way for Apple to register the trademark in both Germany and the UK, the other country where it had applied for protection.

Apple did not immediately respond to a request for comment.