Trade Dress is defined as: the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.
Products have a personality, and having a winning personality is very valuable. The elements of a product’s personality or brand image is its packaging or the total commercial image of a product can be protected under Trademark law. Like a traditional Trademark, Trade Dress must be registered with the United States Patent and Trademark Office (“USPTO”) to receive the maximum amount of protection from infringement.
For Trade Dress to receive protection or to be registered it must be:
There are few worse feelings than seeing the work that you produced being used by someone else without permission. I have talked to many creative, small businesses, or freelancers, who are frustrated when they discover that their work has been duplicated. It is a violation of their hard work. Also, when you are boot-strapping your business, it is extremely frustrating to see someone else benefit from your efforts and gain the rewards when you really need those rewards coming to you instead to keep your business afloat.
In this series of posts, I’m going to discuss how to protect your Intellectual Property (“IP”). We’ll start with some definitions here because the difference between each category sometimes gets confusing. The most important part of protecting your IP is knowing what type of IP you have.
Author: Aimee Haynes
I motivate, I blog, I listen, I give advice, I help, I create, I work with others, I stand my ground when needed, and I am always open to new ideas. In addition to the qualities that define me most, I'm also a Corporate Law attorney working with entrepreneurs, creatives, and small businesses to help them achieve success..