Apple has the right to trademark its flagship store design, the EU's highest court said on Thursday, though under certain conditions. In 2013, after two years of trying, iPhone-maker Apple successfully registered the design of its stores with the United States patent office, and then set out to extend the trade mark internationally.
Germany, the European Union's biggest market, refused the patent saying there was nothing unique to the store design and that the request was groundless. Apple appealed its case with a German patent court which requested a binding opinion from the European Court of Justice on whether a store design could be trademarked without any indication of size or proportion. In its response Thursday, the court said that the layout of a store could constitute a trademark using only "an integral collection of lines, curves and shapes" as long as it "departs significantly" from the norms of the economic sector concerned.
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