Trade dress is the visual and non-verbal aspect of product packaging and other forms of intellectual property that communicate a source of origin or association. Trade dress is often used to differentiate a brand from its competitors and make it easily recognizable to customers. Trade dress can include shapes, colors, designs, expressions, graphics, logos, and packaging.
Trademark law generally applies to trade dress in that it seeks to protect the producer of the goods from others who might use a similar trade dress to deceive or confuse consumers. While use of a product’s trade dress does not need to be registered to receive legal protection, it must have become distinctive of the owner’s goods in order to qualify for protection.
Examples of Well-Known Trade Dress
Trade dress is a form of identifying a brand or product. It is certainly not limited to just shapes and colors. Some examples of well-known trade dress include Apple’s recognizable Apple logo, McDonald’s golden arches, and the unique box shape of the Tiffany & Co. jewelry box. These recognizable symbols have become known worldwide as a symbol of the brand they represent.
Why Is Trade Dress Important?
Trade dress is an important form of brand protection and allows companies to protect their product from being copied or confused with a competitor’s. It can also be helpful for product recognition and identification, making it easier for customers to recognize a product. Trade dress is also often used to represent an overall company brand and create a unified identity.
Conclusion: Ensure Trade Dress Is Protected
It is important for companies to protect their trademarks, including trade dress. Appropriate legal steps can be taken to ensure that trade dress is legally recognized and protected. Not only does this help to protect a company from competitor’s exploitation of their brands, it also helps to build brand recognition and establish a strong company identity.