Apple Able To Register EU Trademark In Store Layout

Apple Inc. v. Deutsches Patent- und Markenamt (Case C-421/13, July 10, 2014)

On July 10, 2014, the Court of Justice of the European Union (ECJ) ruled that Apple Inc.'s design for its flagship store is capable of protection as a three-dimensional trademark, under Articles 2 and 3 of the Community Trade Mark Directive (No. 2008/95/EC) ("Directive"). The case was taken up for preliminary ruling by the ECJ following rejection by the Deutsches Patent- und Markenamt (German Patent and Trade Mark Office or "DPMA") of Apple's request for extension, to Germany, of its international trademark registration of a color representation of its store layout for "retail store services featuring computers, computer software, computer peripherals, mobile phones, consumer electronics and related accessories, and demonstration of products relating thereto" in Class 35. The mark was registered in the U.S. on January 22, 2013, and has also been extended to Israel, Spain and Italy,