The bloom in the non-traditional trademarks in India and throughout the globe has been huge in modern times. Store layouts trademarks are one such mark that companies are willing to get due to their specific, distinctive layouts of the stores. These intend to protect the distinct, sophisticated style and organization/arrangement of a store, i.e., its layout. It also protects their interior, furniture, and color patterns along with its specific arrangement.
A befitting example for a store layout trademark would be the Apple Stores as Apple Inc. maintains the same appearance, consistency, look and feel throughout the stores, anywhere in the world. The said different features help a consumer/buyer recognize a brand/product. This improves the outlook of a company and helps in building goodwill and the value of its brand. After all, which company wouldn’t want a store layout that is exclusive to that company only? The companies want to immerse the consumer in their world, and the best way to do it is when a consumer enters their store, the consumer can tell the difference between their stores and other stores. This gives the company a superior yet intangible brand value.
PURPOSE
Such a trademark’s primary purpose would be to protect one’s brand from others as a company can control and eliminate unfair usage or copying of their store layouts by other competitors/firms. Another primary reason would be the revenue generated from commercial activity through licensing.
It helps the consumers distinguish the stores and therefore the products of a company as in a store; the consumers are physically surrounded by a trademark granted to the company for its specific, distinctive layout of a store that hasn’t been used in any store before. This helps the brand value and goodwill of the company.
RECENT APPLICATIONS FILED REGARDING STORE LAYOUTS TRADEMARKS
Mary Cohr, a beauty product and salon line, have filed for protection for its store layout. As we can see, the storefront is distinct and is registered.
Another famous outlet that we all must have heard of is health & glow, belonging to the Health & Glow Private Limited, Karnataka. The storefront trademark has already been accepted and advertised.
Godrej & Boyce Manufacturing Company Limited has filed for a distinct Discussion Area. Its brand ‘U&Us’ is the first Indian company to have its distinct and specialized retail store layout registered as a store layout trademark.
ISSUES RELATED TO STORE LAYOUT TRADEMARKS
The objections raised by the Indian Trademark Office, in general, are that the designs of the store layouts submitted aren’t distinct enough. One of the major requirements is that the store layout concept is different and unseen before. It should be completely original, and the weight to prove this falls on the company filing a trademark application. The applicant has to prove that the store layout’s design is exclusive and distinct from other layouts. It should have a differentiating factor from other store layout and should not be identical to any. The threshold for the distinctiveness of a store design is considered high.
The applicant also has to prove that the store layout is recognized enough by the consumers to perceive its origins.
POSITION IN INDIA
India has no reference regarding store layouts in the Trademarks Act, 1999 specifically. But it is allowed because of the definition given in the act u/s 2 (m)[1] that allows the recognition of non-traditional trademarks, and the upcoming Store Layout Trademarks can be considered as non-traditional/non-conventional trademarks. So, it can be summarized that there’s no specific law or section governing store layout trademarks. When one is defending objections of lack of distinctiveness, the applicants lean on a case Apple Inc. V. Deutsches Patent-und Markenamt[2] [3] which held that the layout filed was quite different from other layouts as the layout was made with the help of a cluster of lines, shapes, and curves that constituted a distinct representation, therefore being able to differentiate the goods and services offered by Apple Inc. from other competitors.
CONCLUSION
The ongoing trend of filing for Intellectual Property Rights over store layouts is taken on a positive note in India, but it still has a lot of room to grow as it’s just in its initial phase. The Indian Trademark Office has also started to realize store layouts’ potential as it is accepting applications for it for trademarks. It has a vast scope as it is already recognized as a non-traditional trademark. This trademark for store layouts proves to be a supplement to the protection for companies and their designs/layouts as they now don’t have to lean on their rights getting infringed, i.e., passing off to take legal action to prevent copying.
[1] Trade Marks Act, 1999 § 2 (1) (m)- Definition of ‘Mark.’
[2] Apple Inc. V. Deutsches Patent-und Markenamt, [2015] C.E.C. 120
[3] Herbert Smith Freehills LLP, Layouts Of Retail Stores As Trademarks: CJEU Rules In Apple Inc. V Deutsches Patent-Und Markenamt, LEXOLOGY see < https://www.lexology.com/library/detail.aspx?g=473c92ee-ae28-47c8-9195-c729808401bd>
