The news this week is that the United States Patent and Trademark Office (“USPTO”) granted Apple, Inc. two trademark applications on the layout of its stores.  You were under the impression that trademarks only applied to names and logos huh?  That’s not the case!  There’s an interesting area of trademark law called trade dress that applies to instances like these.

For example, take a look at the following pictures:

Chances are you know that the first picture is a Coca-Cola® bottle, the second a Heinz® Ketchup bottle.  Neither company’s logo is in the picture, but you recognize the overall look of the products and know who the sources of the goods are.  That’s Trade Dress in a nutshell.  It takes all of the identifying characteristics of a product or service and puts them together to complete a total image of that product or service.

So you get how a products packaging can serve as trade dress, but the Apple® Store is not a bottle!  The same concepts apply here.  Restaurants, for example, often seek this type of trademark protection.  The USPTO takes the total image of the business into consideration, which can include the design of the interior/exterior of the restaurant, the floor plan, the décor, menu, uniforms, and anything else that adds to the overall look and feel of the business.

Most of you have probably been in an Apple® Store and know what I’m talking about when I say the overall look and feel.  That image you are thinking about is what is protected.  Let’s take a closer look at the trademark applications from the USPTO database:

The only difference between the two applications is that one claims color and one doesn’t.  Apple® successfully claimed the layout of the store, starting with the clear glass “surrounded by a paneled façade consisting of large, rectangular horizontal panels over the top of the glass front, and two narrower panels stacked on either side of the storefront.”  This may be enough to know that you are walking into an Apple® store, but the company successfully took the mark further.  The rectangular recessed lighting, the shelves, displays, and rectangular tables arranged in a line were also successfully claimed.  Even the video screens on the walls were claimed in the application.  Although the walls, floors, lighting and other fixtures weren’t claimed as individual features, there is mention that those are all to be considered as part of the overall mark.

So what’s the big deal?  What can Apple do with this?  Retailers may find Apple’s streamlined storefronts enticing when it comes to looks and efficiency.  Microsoft®, for instance, recently began sprouting up stores throughout the United States which bear a striking resemblance to Apple® Stores.  Whether or not Apple® would be successful against Microsoft® (who has a registered trademark of its own store layouts) is a question for another day, but we do know that Apple® successfully managed to place itself in a position to further define its brand.

Find Trademark Registrations Here:  U.S. Registration Numbers 4,277,914 & 4,277,913