Trade Dress is a type of trademark that protects the overall look and feel of a product or its packaging. It’s the brand's persistent visual identity.
What it Protects: Elements like a product's distinctive shape, size, color combination, texture, or even the layout of a retail store (think the distinctive look of a McDonald's). The iconic, curvy shape of the Coca-Cola bottle is the textbook example of protected trade dress for product packaging.
The Power: If it successfully identifies the source of your goods to consumers, protection can last indefinitely, as long as you continue to use and defend the mark.
The Catch: It must be non-functional (it can't be required for the product to work better), and for product design itself, it must have Acquired Distinctiveness (Secondary Meaning). This means you have to prove to the USPTO that customers associate that unique shape only with your brand. This takes years of marketing and sales.
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Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
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The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
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