Is the Fit-out of Sales Premises a Trademark? Ruling of the Court of Justice of the European Union
In a recent case, the Court of Justice of the European Union (Court of Justice) ruled that a simple drawing of sales premises for goods, without any indication of dimensions or proportions, can be registered as a trademark for services involving provisions related to those goods, but which do not constitute an integral part of admitting them to trade. One of the conditions making it possible to register such a depiction as a trademark is that the depiction makes it possible for the services concerned to be differentiated from those of other businesses. A second condition is that the registration does not meet any of the grounds for refusal of a registration specified in Directive 2008/95/EC. Read More