Trademark registration and legal protection of store design

The signs that can be registered as trademarks are exemplified under the Industrial Property Code No. 6769. Therefore, it is accepted that any sign meeting the conditions set out in the law may be registered as a trademark. In order to become distinctive and memorable in the market, the use of non-traditional types of trademarks has increased. In this context, various unconventional signs such as position marks, three-dimensional marks, and taste and scent marks have come into use. Store design concepts are also considered as non-traditional service marks within the scope of the manner in which a service is offered. Accordingly, interior designs of restaurants, cafes, or stores, the exterior appearance of retail outlets, and the overall look of gas stations fall within this category of marks. However, the protection of store layouts under trademark law remains a subject of debate in both Turkish law and the European Union law, upon which the Turkish legal framework is largely modeled. In contrast, United States law grants clear and undisputed trademark protection to this type of mark. Under the concept of "trade dress," various non-traditional signs may be registered as trademarks. Furthermore, such signs may also benefit from protection under industrial property law as designs or under unfair competition law. In these respects, this study examines the conditions under which store layout designs may be registered as trademarks and the protection mechanisms available under trademark, design, and unfair competition law, with reference to different legal systems and practical examples. In the first part, the concept of non-traditional trademarks and the position of store layouts within this category are discussed. The second part evaluates the requirements for trademark registration of store layouts under United States law, European Union law and Turkish law, respectively. Finally, the last part analyzes the types of protection that may be afforded to store layouts under industrial property law and unfair competition law.