What does trade dress mean?

Definition. The design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark.

Is a logo a trade dress?

A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging.

How do you prove a trade dress?

To remove doubt, you can register your company’s trade dress with the U.S. Patent and Trademark Office. Otherwise, you must demonstrate that the trade dress is unusual, distinctive, fanciful or unique. You may also show that your customers identify your trade dress with your product or service.

What are examples of trademarks?

Almost anything can be a trademark if it indicates the source of your goods and services. It could be a word, slogan, design, or combination of these.

Some other standard character format examples include:
  • Under Armour®
  • Twitter®
  • It’s finger lickin’ good! ®
  • Just do it®
  • America runs on Dunkin’®

How does trade dress work?

Trade dress is a trademark law that protects the look and feel of a product and distinguishes it from other similar products. This can include but is not limited to, identifying features such as shape, color, and design of a product or a product’s packaging.

Can trade dress be registered?

Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Generally, an application to register trade dress must include all the same content as a trademark application.

How is trademark different from trade dress?

Like a traditional trademark, trade dress is a form of commercial shorthand that provides a “source-associating cue” for the unthinking purchaser. However, unlike traditional trademark law that protects words or logos, trade dress law protects the total packaging and design of a product.

Which of the following can be protected as trade dress?

Trade dress can be any word, name, symbol, device, or combination of these used to identify a product. Trademarks may be used to protect the exclusive right to identify either products or services.

What is the difference between trade dress and design patent?

Trademarks can cover words and two-dimensional designs (such as logos), as well as three-dimensional designs (trade dress), colors, and sounds. A design patent covers the ornamental appearance of a product in itself, not associated with identifying the source of goods.

What is a trade dress infringement?

Trade Dress Infringement, then, is a junior company’s copying of a senior’s Trade Dress in such a way as to cause consumer confusion as to the source of goods/services.

Does trade dress expire?

Trade dress rights do not expire as long as the design is used in commerce as a source identifier. Once a design acquires secondary meaning, future products can also benefit if they use the same protected design feature.

What is trade dress in pharmaceuticals?

“Trade dress” is the concept that underlies labeling and packaging issues for the pharmaceutical industry. Trade dress refers to how the drug package actually looks. The imperatives of trade dress are an important part of the culture of each company.

Why is trade dress protection important?

Trade dress protection helps businesses that want to identify themselves easily by way of a trademark, which comes in the form of a symbol, slogan, ornamental design, or other visual element.

How does trade dress infringement occur in an industry?

Infringement occurs when another company uses a similar design or packaging. As a part of a company’s trademark, trade dress cannot be copied and its designs used in a similar manner.

What is trade dress in intellectual property?

Trade dress is understood to constitute as protection awarded to packaging or appearance of a product, it can also include shape, colour scheme protection or anything in appearance that makes the product distinguishable to consumers.