ECJ: Representation of the Design of a Sales Area Is Basically a Trademark

Overview


Dr. Boris Uphoff wrote this bylined commentary on the judgment of the ECJ in Apple Inc. v. German Patent and Trademark Office, which dealt with the boundaries of what can be registered as a trademark and a brand. The ECJ found that Apple could so register its retail sales space, but the Federal Patent Court may still refuse trademark registration. Nevertheless, Dr. Uphoff wrote, the Court’s decision establishes a trend for the practice of registering brands.