Store Designs May Be Registered As Trade Marks

In a decision which will be welcomed by global retailers and franchisors, the Court of Justice of the European Union (CJEU) ruled on 10 July 2014 that a retail store design may - subject to certain conditions - be registered as a trade mark. The decision is a significant win for Apple Inc., who had sought to register its distinctive store design as a trade mark in the European Union. However, the decision also paves the way for a variety of others - such as franchisors, retailers, hoteliers, restaurateurs and professional services firms who operate from premises using a unique design which is not simply functional. These designs clearly may be registered as trade marks in future. Registration has advantages (for example, over the laws of passing off) when seeking to protect and enforce the intellectual property rights in the "get-up" or "look-and-feel" of a company. Below we discuss in detail the implications of the case.