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When we spoke recently of Apple legal problems in China on Siri, the Court of Justice of the European veil Union, the highest veil court in all matters of European law, gave a victory to Apple recognizing that the representation of the development veil of a retail space such as a Flagship Apple store may be registered as a trade mark.
This decision is more important than it seems at first glance. Indeed, trademark law is a highly technical law, which gives the final quite little room for interpretation. This is one of the reasons that this law has largely been harmonized at European level and globally.
To return to the case of Apple, the company has filed and obtained a trademark in the United States on the basis of the visible graph above, titled Apple "design and layout distinctive retail store." When she tried to extend this protection to Germany, she met with a refusal. The matter came before the Court of Justice, which after a quick argument concludes that said graphical representation is a sign capable of being represented graphically and capable of distinguishing the "products" or "services" of a undertaking veil from those of other undertakings. As such, it can be protected in terms of trademark law.
Trademark law is harmonized in the EU, Apple will have no difficulty to recognize this brand in the 28 Member States if it is not already, because all Member States are perhaps not as picky as Germany ...
In addition, we have seen in China fake Apple Store that had a similar organization and atmosphere to those of a real Apple Store. China is a party to an international convention on the law of trademarks, it will certainly be easier for Apple to recognize this brand in China now it is recognized in the USA and she just benefit from this favorable judgment in the EU.
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