To be distinctive as a brand it is no longer limited to a remarkable brand or a nice logo. The design of a store or restaurant can also be distinctive. Certainly, with restaurants and clubs, distinctive concepts have been used for some time. What has happened more and more recently is that this design is registered as a three-dimensional trademark.
In order to be accepted, three-dimensional brands must differ significantly from what already exists. Generally speaking, the trademark offices are not so keen on this kind of trademarks, after all, the consumer is not used to seeing a shop as a trademark. Nevertheless, in the trademark register, there are more and more interior design trademarks that have been accepted.
The most recent attempt comes from a German restaurant where guests sit among trees. This trademark is depicted by three images of trees in a room. It is interesting whether the EUIPO finds this mark sufficiently different from what already exists
Registration has succeeded with the following shop interiors (including one from Abercrombie & Fitch (with the circle)).
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“Trademark protection gives freedom to do business.”