TRADE DRESS
GENERAL INFORMATION
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.
TYPES
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.
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