Over the years, the practical definition of a trademark has expanded continually. Initially only words, numbers and designs were considered to function as marks. Over the years, however, the definition of a trademark has been expanded to include trade dress, the total image of the goods themselves i.e., containers for the goods, colors, fragrances, decor and ambience. There are two general types of trade dress. Trade dress for the packaging or labeling of the good and trade dress for the product design or the overall configuration or appearance of the good.
Trade dress may be protected at the state level or the federal level. Both has specific requirements and provide different levels of protection. If you are considering trade dress protection please contact one of our intellectual property attorneys to review your specific market and to make a recommendation based on your specific needs.
BENEFITS OF REGISTRATION
Registration of trade dress, as with all other forms of intellectual property provide a distinct advantage to a business or entrepreneur. In addition to providing a benefit during litigation, registration of the trade dress provides a presumption of validity and non-functionality. An owner of an unregistered trade dress mark, has a burden of proving the presumptions when challenged or challenging another’s mark.
- INFRINGEMENT & LITIGATION