Apple has successfully been awarded a trademark for the layout of its Apple Store retail locations. The trademark assures that no other company will try to emulate the very unique structure and design of the company’s retail empire.
Among the language of the trademark is verbiage about a “clear glass storefront,” cantilevered shelves, and a line of rectangular tables. Is that enough to warrant a unique trademark? Well, it has been issued so apparently it is. Although, a patent isn’t a legal trump card. Its true validity is never officially declared unless it ends up being defended in court.
Of course, in China, creating fake Apple Stores became a passion among certain businessmen in the region. They copied everything from the giant Apple logo out front to the placement of tables and shelves to look just like what you’d find in a real Apple Store. They were even packed with fake Apple mockup products, and staffed by employees wearing what appeared to be official Apple Store shirts but were also fake.
Now obviously, that kind of blatant ripoff would never happen in the US even without a trademark. And of course, a US trademark doesn’t do anything to help Apple stop the activity in China. In other words, the trademark is probably not going to do much good to Apple in the long run.
Even if it does come across a store that seemingly mimics its design (cough *Samsung* cough), any action could go all the way to court where the validity of the trademark would be called into question. Could someone with no knowledge of Apple’s store design have come up with the same idea? If so, Apple might have a tough time proving actual damages.
After all, the trademark was previously rejected not once but two times, before it was finally tweaked and given an approval. So its foundation is shaky at best.
But this is Apple. Perhaps its primary purpose for getting this trademark was just to brag to the world that its stores are unique.
US Patent & Trademark Office via Reuters (Yahoo)
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