Based on this registration protection was sought in several countries in Europe. In Poland and Italy the trademark was directly accepted, but in the Benelux and Germany it encountered problems. The German authorities inquire with the European Court whether a store lay out may or may not be protected as a trademark. The Court gave a very clear answer to this question this summer: Yes. The layout should be distinctive, though. The consumer must immediately be able to recognize who the goods offered in the store are from. The extent in which the layout differs from what is common will determine the ease with which it may obtain a registration. This ruling may have some positive consequences for stores such as supermarkets.
