What is a Trade Dress?

Trade Dress is a distinctive, nonfunctional feature, which distinguishes a merchant's or manufacturer's goods or services from those of another.  The trade dress of a product involves the "total image" and can include the color of the packaging, the configuration of goods, etc...  Even the theme of a restaurant may be considered trade dress.  Examples include the packaging for Wonder Bread, the tray configuration for Healthy Choice frozen dinners, and the color scheme of Subway sub shops.  Such a broad and ambiguous definition makes trade dress very easy to manipulate.  Seeking protection against trade dress infringements can be vital to the survival of a business.

Can you claim trade dress protection?

To establish a superior right to your unique trade dress, your trade dress must indicate or be distinctive towards your business or product. This is accomplished by showing that the public associates your trade dress with a particular source. Examples of a trade dress would involve the coloring, shape and or the packaging of your products. You must also indicate that a competitor's trade dress might resemble your company's trade dress. Therefore, creating a false sense of affiliation or collaboration between the two companies to the public.

You can claim trade dress protection if your trade dress is distinctive and indicates your source of business. You can also claim trade dress protection if the public associates other products with your trade dress and believes the source to be your company, causing a likelihood of confusion.

Maximize the protection for your business by registering your trade dress today!

Trade Dress Examples