The European Court of Justice had to decide regarding the registration of a Trademark showing the Apple “flagship store”

In a decision of July 10, 2014 (C – 421/13) the European Court of Justice had to deal with a three-dimensional mark showing the Apple “flagship store”. The background was that the German Federal Patent Court has addressed several questions in this context to the European Court of Justice. The critical issue was for which kind of services the three-dimensional mark could – if at all – be registered. Hereto the European Court of Justice concluded that the representation of a design alone without indicating the size or the proportions of the layout of a retail store may be registered as a Trademark for services. However, the services may be related to the offered goods but do must not form an integral part of the offer for sale thereof. Furthermore, the sign must be capable of distinguishing the services of the applicant for registration from those of other undertakings.