Its not just words and symbols that can be trademarked, retail store layouts capable of trade mark protection, according to the EU Court of Justice Apple is probably the best known firm to have registered the look of their stores, as well as devices. With US trade mark in relation to a three-dimensional trade mark, consisting of the representation of a store layout, for Class 35 services, namely, ‘retail store services featuring computers, computer software, computer peripherals, mobile phones, consumer electronics and related accessories and demonstrations of products relating thereto’: Apple has subsequently sought to extend this trade mark internationally under the Madrid Agreement and this extension has been accepted in some member states but was refused in others, including Germany. Here it was refused on the grounds that it was only a representation of an essential aspect of that undertaking’s business and that consu...
