Fun and distinctive packaging for products can increase sales because it can create a positive impression that makes customers want to purchase the product. I personally have purchased many products because the packaging looks “cool.” Trade dress protection, a component of trademark law, provides an effective tool for protecting unique product packaging. In this article, we will explore the benefits of trade dress protection and provide a step-by-step guide on how to secure it.
Trade dress refers to the visual appearance of product packaging that signifies the source of the product to consumers. Stated differently, trade dress can protect the “look and feel” of your product’s packaging. This can include the shape, color scheme, graphics, or overall design of the packaging.
For example, the iconic shape of a Coca-Cola bottle or the Tiffany blue box are well-known examples of trade dress. Other notable examples include the following:
To qualify for trade dress protection, your product’s packaging must meet the following criteria:
These characteristics ensure that your packaging is uniquely associated with your brand, setting the stage for strong consumer recognition.
Trade dress protection offers critical advantages to businesses. These advantages include the following:
By leveraging these benefits, you can strengthen your market position and build lasting connections with consumers.
Obtaining trade dress protection involves strategic steps:
When considering trade dress protection, keep the following tips in mind:
By following these insights, you can optimize your approach to trade dress protection and maximize the value of your brand.
Trade dress protection is an invaluable tool for safeguarding your brand’s unique product packaging, fostering consumer trust, and maintaining a competitive edge in the market. By understanding the criteria protection and following the necessary steps to secure it, you can enhance your brand’s identity and ensure its long-term success.
If you have for questions or need assistance in obtaining trade dress protection, please do not hesitate to reach our office. We are here to help you protect what makes your brand truly distinctive.
Click HERE to learn more about Derek Fahey, Esq., who authored this article.
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