Edited by Ilaria Gargiulo, Partner at AMTF Avvocati
In the world of contemporary catering, serving good food is no longer enough: the experience offered to the customer now plays a central role. This experience is made up of additional elements which, if chosen and integrated in the right way, can become a valuable asset (strategic intangible asset) for the business, alongside the brand and complementing the enormous value that the brand has in itself, as discussed in depth in the article published in the May 2025 issue, no. 138.
Layout, furnishings, space arrangement, menu, lighting, scent of the rooms, and even the way of interacting with customers can be designed to create a consistent and easily recognizable identity: in a word, a format. A well-constructed restaurant format is much more than the sum of its decorative elements and, when structured in an original way and replicated systematically, it becomes an integral part of the brand and the consumer's perception of the restaurant.
Precisely because of its identity-defining and repeatable function, the format can acquire independent economic significance for the company. The individual elements that comprise it—such as the brand, architectural layout, designs, custom furnishings, and coordinated packaging—can be recorded in the balance sheet as intangible assets and, as such, valued economically, provided they are adequately protected through registrations or contracts. They can be used as collateral or other real guarantees when accessing financing, or become the contractual basis for building a franchise business model, in which the originality and recognizability of the format are the main attractions for potential affiliates. From this perspective, protecting the format means not only defending against imitations, but also building a strategic asset to be used on the market.
In the Anglo-Saxon world, the term trade dress was coined to refer to the protection of the layout of a premises. This concept refers to the overall distinctive appearance of a product or service, the protection of which is added to that of the trademark. In Italian and European law—where such protection is also possible—the term is often used, but the relevant institutions remain those of copyright, trademark, and design, to which are added specific contracts that complete and strengthen the protection of this corporate asset, especially if they are prepared according to the specific format.
The Apple Store case and the protection of layout
A symbolic case in this regard is the protection obtained by Apple for the layout of its stores, however simple their architectural elements may be. In a landmark decision, the Court of Justice of the European Union (case C-421/13) confirmed the possibility of registering the graphic representation of a point of sale as a three-dimensional trademark, provided that it is capable of distinguishing the goods or services of an undertaking. In other words, if the layout of a restaurant is unique, consistent, and perceived by the public as being linked to a specific commercial origin, it can also be subject to very strong protection—and potentially of unlimited duration—as guaranteed by trademark law.
The architectural design and the KIKO case
Another form of protection may derive from copyright law, particularly when the restaurant's layout is the result of an original architectural design. Italian case law has recognized copyright protection for store layouts, as in the well-known KIKO case, in which the interior design was considered a work of intellectual property. This recognition played a central role in protecting the chain's distinctive elements from being reproduced by a competitor. In such cases, not only the overall appearance but also the functional organization of the space can be protected, provided that it is the result of creative and not merely technical activity.
The reference to these two particularly well-known cases allows us to draw an important practical suggestion. Anyone wishing to protect their format should adopt an integrated approach right from the design stage: trademark registration (including three-dimensional or figurative trademarks), registration of designs and models, clear contracts with designers and architects – preferably with the transfer of rights to the design to the company in return for a specific fee – and documentation certifying the originality and consistency of the concept in the various points of sale.
The creation of a recognizable format is one of the main keys to success for restaurant chains. However, in order to ensure that this investment is not undermined by imitations or illegal appropriations and is properly valued, it is essential to understand and correctly combine the legal tools available. Only in this way can the best possible protection be built, adapting it to the specific needs of the project and the available budget.
