The competition in the business sector is really high, especially in the UAE. The diversified economy in the country has made it necessary for businesses to stay unique and competitive. Companies have chosen several strategies to stay competitive, and a non-conventional trademark is a key strategy of businesses in the UAE. Store layout is a key asset of a business; companies may have a unique store layout which can provide a unique experience to the customer.
Store layout is the way in which the products are displayed, such as the furniture and other designs in the store. So basically, it is the interior of a store. Store layout plays a crucial role in attracting customers through the way products are displayed. Companies can promote their key products and can improve the customer experience through a unique store layout. In this blog, we will discuss why IP protection is necessary for store layout in the UAE.
Can you trademark a store layout in the UAE?
Yes, businesses can trademark their store layout in the UAE. A store layout can create an image in the customer’s mind about the reputation of a brand. The competition in the retail store is really high, and businesses should be able to provide a better experience to their customers and for that, a store layout is really important. It can create a unique brand identity, which is necessary in the UAE’s competitive business world.
A good store layout can transform your visitors into customers. The new UAE trademark law (Federal Decree-Law No. 36/2021) allows businesses to trademark non-conventional marks such as smell, colour, and 3D shapes. In the UAE, store layout protection is primarily secured through trademark registration, specifically by filing it as a three-dimensional (3D) trademark.
Business can protect their store layout through trademark registration in the UAE. Trademark registration can help businesses to distinguish their products from their competitors. To be eligible for trademark protection, the store layout should meet certain criteria, such as distinctiveness. This poses a significant challenge for businesses. If you can prove that the store layout is distinctive, then you will obtain trademark registration.
Businesses should prove that their store layout is not merely functional or common, and there should be a graphical representation, too. Companies can prevent competitors from copying their store layout design by registering it as a trademark. If your store layout is confusingly similar to a registered one, then you won’t obtain trademark registration for that.
Intellectual Property Protection for store layout:
A store layout can also be protected as a trademark or an industrial design. Industrial design protection for the store layout is limited when compared to trademark protection. To be eligible for industrial design protection, the layout should be new. Industrial applicability is also another factor that should be considered. The layout design should be original, so it should be a creative work and not a copy of an existing one. A trademark can be renewed every 10 years indefinitely, and thus it can be used to obtain protection for a long period of time. If the store layout is publicly disclosed, then you will have a 12-month grace period to file a design application.
Whereas in trademark, regardless of how long it has been in use or been publicly disclosed, you will be able to apply for registration. So, a trademark can provide better practical protection. Businesses can register store layouts as industrial designs and also as trademarks based on their requirements. By securing IP rights for the store layout, you can improve the value of your business. A registered store layout can attract investors and be helpful in obtaining several business opportunities.
A trademark is the brand identity of a business, so if you have chosen the store layout as the trademark, then it should be monitored effectively to prevent infringement. During trademark registration chose the right class of goods and services. There are 45 trademark classes in total. The first 34 classes cover goods, while the remaining are services.
Proper classification of a trademark is an essential step in the registration process. If there is any opposition to the registration of the layout design, then it should be handled effectively by providing relevant evidence to support the claim. So keep relevant documents regarding your layout design so that you will be able to prove that you have been working on it for a certain period of time.
Choose the best trademark agent to secure your store layout design:
To register your store layout as a trademark, you need to prove the distinctiveness. Businesses may face rejection or opposition while filing for a trademark, and this is where Jitendra Intellectual Property can help. Our professionals can guide you with the trademark registration procedure. Additionally, we can help you with trademark registration and enforcement.
