Abstract
Following the judgment of the Court of Justice of the European Union in Apple Inc, regarding the potential registrability of a store front and layout as a trade mark, this article considers its potential enforcement value, if registered. It reviews some of the main cases relating to both the scope of protection afforded by such marks and the potential grounds of infringement. The article notes that so-called unconventional marks are often used in conjunction with word marks or other branding, and this will apply equally to potentially infringing signs. The impact of this other branding on the assessment of infringement is considered. The article concludes that, over and above the challenges associated with the registrability of unconventional marks, there are hurdles to their enforcement. Nonetheless, in certain contexts, obtaining this type of trade mark will provide greater protection, for example where passing off may be difficult to establish.
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