Apple has secured the right, by a EU court, to register the layout of its retail stores in the European Union as a trademark. The right has become an extension of what they have already achieved in the U.S.
The EU's top court ruled on Thursday that Apple's flagship stores made the the three criteria necessary for a trademark: a company sign, the ability to be represented in graphic, and the ability to distinguish their goods from other services sold.
When Apple tried to extend their U.S. trademark in 2010, they met resistance from German authorities in 2013. The German patent office claimed that the layout of a store could not be a trademark.
Apple took that decision to court where the case was referred to the European Court of Justice for the decision. "From this the Court concludes that 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," the court said in its judgment.
The court advised that the originality of a design must be evaluated on a case-by-case basis where competing stores and shopper's expectations are taken into consideration.
The German national court has to rule on Apple's individual case now, which is in line with the EU court opinion.
Apple stores have become universal around the world, in regards to its presence in shopping malls. There are even exact copycat shops in China selling fake Apple products and services.
This judgment allows Apple to replicate its unique store layout all over the EU without competitors replicating the style in their shops.
The courts ruling is final and waiting on the German court.
