Retail store layouts capable of trade mark protection, according to the EU Court of Justice
Apple has been successful in registering a US trade mark in relation to a three-dimensional trade mark, consisting of the representation of a store layout, for Class 35 services, namely, ‘retail store services featuring computers, computer software, computer peripherals, mobile phones, consumer electronics and related accessories and demonstrations of products relating thereto’:
Apple has subsequently sought to extend this trade mark internationally under the Madrid Agreement and this extension has been accepted in some member states but refused in others, among others in Germany. Here it was refused on the grounds that it was only a representation of an essential aspect of that undertaking’s business and that consumers would not see it as an indication of their commercial origin. The German Trade Marks Office also considered that the retail store depicted was not sufficiently distinguishable from the stores of other providers of electronic goods.
An appeal was filed by Apple against this decision and the European Court of Justice has been asked by the German court to answer certain legal questions in order to clarify this matter.
The European Court of Justice has held that
"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 trade mark for services consisting in services relating to those goods but which do not form an integral part of the offer for sale thereof, provided that the sign is capable of distinguishing the services of the applicant for registration from those of other undertakings; ... ".
Posted by Mark