Judgment of the Court (Third Chamber) of 10 July 2014 (request for a preliminary ruling from the Bundespatentgericht (Germany)) — Apple Inc. v Deutsches Patent- und Markenamt

(Case C-421/13) ¹

(Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Articles 2 and 3 — Signs capable of constituting a trade mark — Distinctive character — Representation, by design, of the layout of a flagship store — Registration as a trade mark for ‘services’ connected with the products on sale in such a store)

Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings

Applicant: Apple Inc.

Defendant: Deutsches Patent- und Markenamt

Operative part of the judgment

Articles 2 and 3 of Directive 2008/95 of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the representation, by a design alone, without indicating the size or the proportions, of the layout of a retail store, may be registered as a trade mark for services consisting in services relating to those goods but which do not form an integral part of the offer for sale thereof, provided that the sign is capable of distinguishing the services of the applicant for registration from those of other undertakings; and, that registration is not precluded by any of the grounds for refusal set out in that directive.

____________

¹ OJ C 313, 26.10.2013.