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Trade dress applies primarily to product and package configurations. It is not related to functionality and in fact, is considered "non-functional".
Trade dress has a secondary meaning. It protects artistic rights to a certain design or configuration to prevent others from using it and causing a likelihood of confusion. Or you might say, taking unfair advantage, such as copying the distinctive style of a package design of a competitor or even a restaurant.
For example, you cannot sell a soft drink in a bottle that looked like the Coca-Cola bottle, or a new herbal tea that looked like the Celestial Seasoning brand. Get the idea? That's taking an unfair advantage.
To formally claim rights to trade dress you will want to register it as a trademark with the US Patent and Trademark Office. Your copyrighted package design may also be a form of trade dress. In either case, it is a powerful way to build brand identity and keep copycats out of your marketplace.
Every inventor should establish trade dress protection for their invention as part of their portfolio. Just like with trademarks, it doesn't cost a cent to get started. Our Quick Start Guide will show you how to initiate your trade dress protection in minutes. It will also show you how to avoid conflict or confusion.
Adding trade dress helps increase the value of a portfolio and makes an invention more attractive to licensees and partners.
We provide support to inventors who want to zero-in on the trade dress that best fits their invention. Regardless of whether your product is for the retail or industrial trade, we can help identify the distinctive designs that will get attention and broaden your IP portfolio.
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What are some uncommon means of trade dress? The shape of a bag? The color of product? The type of handle? A type of packaging that differs from competitors? Yes, all of them and more may be forms of trade dress...(more) |
Trademark Hunter is FREE for members who use our support services. Get started risk free.
Please contact us if you would like help with trademark searching. Check out our legal support.
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