An overview of trade dress

Trade dress is the entirety of your product and can be used as a trademark. Trade dress is what make your goods unique. It includes all of your products feature’s including shape, size, color, images, etc. Trade dress usually comes in two forms, as a package/label or a product design. In order to protect your trade dress mark it is important that the trade dress be nonfunctional, indicate the source of your goods because it is distinctive, and that use by a competitor would cause confusion. Trade dress that is not inherently distinctive will have to have acquired a secondary meaning in order to be protected. If you have been using the trade dress for a long time, had success selling it, spent a lot on advertising, or even had media coverage then it is possible your trade dress has acquired a secondary meaning. There are many other factors that go into determining whether or not you should use your trade dress as a trademark, but protecting what makes your products standout from the competition is always important.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.