Trademarks are important. They are more than just a logo or brand these days. For Apple, it recently received good news that it can now trademark its signature store layouts. This is a new thing but Apple was able to convince the European Court of Justice to allow them to file for a trademark for the Apple Retail Store layout.
The concept store layout of Apple is said to be an intellectual property or at least, an extension of it. The company filed for intellectual property in the United States in 2010.
However, in Germany, Apple's request was rejected. The German court said the retail space of Apple would not indicate commercial original of the products. Apple made an appeal at the Federal Patents Court and the case was eventually referred to the European Union Court.
At the EU Court, Apple was told to fulfill three criteria to carry a patent:
- It must constitute a sign
- Be capable of graphic representation
- Be capable of distinguishing 'goods' and 'services' of one undertaking from those of other undertakings
Apple was able to meet the criteria and was then allowed to file for patent.
"Trade marks must be interpreted as meaning 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," the court ruling reads.
This rule will apply all over Europe. Other stores cannot copy the Apple Store's interior, specifically, electronics spread out on tables within a huge, white space, with high ceiling, the lighting, furniture, symmetrical wooden benches, and the Genius Bar concept.
Apple challenging the German patent office turned out to be successful, but only after the EU Court decided on the appeal. This development means Apple can sue the numerous copycats for mimicking its flagship stores.
This has become a problem all over the world, especially in China where even Apple Stores are replicated.
Apple's latest retail chief Angela Ahrendts seems to be doing her job well. As Apple continues to expand, the company is set to do everything in its power to protect its brand.
