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Okt 28, 2014
Florian Traub, Squire Patton Boggs (UK) LLP, United Kingdom
Gillian Dennis, Squire Patton Boggs (UK) LLP, United Kingdom
First published on www.iptechblog.com

CJEU opens the door to store layout trade mark registra...


Florian Traub, Squire Patton Boggs (UK) LLP, United Kingdom, Gillian Dennis, Squire Patton Boggs (UK) LLP, United Kingdom, First published on www.iptechblog.comIn its decision of 10 July 2014, the Court of Justice of the European Union (CJEU) confirmed that it is, in principle, possible to register the layout of a retail store as a trade mark for retail services. The decision is ground-breaking and removes uncertainty for retailers as to whether European trade mark law permits the protection of the appearance of a retail store as a registered trade mark. The history of the trade mark application proceedings at issue goes back to the United States where Apple Inc. obtained a US trade mark registration for its layout of a retail store in connection with retail services.
Apple then registered its trade mark internationally by way of an International (WIPO) Registration designating various countries, including Germany. In the national phase of the application proceedings, the German Patent and Trade Mark Office (GPTO) refused protection of Apple’s trade mark in Germany. Apple appealed to the German Federal Patent Court which stayed the proceedings and referred the matter to the CJEU for a preliminary ruling.  read more