Retailers, hoteliers and franchisors will welcome a recent decision of the Court of Justice of the European Union (ECJ) which confirmed that it is possible to register the design of the fit-out of a retail store as a trade mark, provided that it can function as a trade mark.
In most jurisdictions, including Australia, in order for a mark to be registered as a trade mark it must:
• be a sign capable of being graphically represented
• distinguish the goods and services provided under the trade mark from the goods and services offered by other traders
• act as a badge of origin for the goods and services provided by reference to the trade mark.
In November 2010, Apple Inc (Apple) registered a three-dimensional trade mark in the United States. The trade mark consisted of the representation of the distinctive design and layout of its flagship retail store. The trade mark is registered for retail services of various electronic goods and product demonstrations in class 35.
Originally published in Ragtrader - January 12, 2015.
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