Trade Dress Protection

THE DESIGN OF A PRODUCT or the setting in which a service is provided can also be protected as a trade-mark. In this issue, we explore trade dress protection for advertising campaigns.


Trade Dress, Product Configuration & Design Patent Protection. Mechanicsburg: Pennsylvania Bar Institute.

Trade secret protection and trade dress law are not simple matters. Trade dress protection on functional features of a product has the potential to frustrate both of these policies.

Trade Dress Intellectual Property Protection. The look and feel of a product, packaging or how a good or service is presented to the public are protected by trade dress.

The term “trade dress” refers, in very general terms, to the “look and feel” of a product or its packaging. Trade dress typically receives legal protection by being distinctive and recognizable without any formal registration requirements at the state or federal level.

For more information regarding this article, Timothy P. Ryan can be reached via email at tpr@escm. The protection of trade dress, however, is difficult to obtain because an applicant must prove that the design has a secondary meaning to consumers.

Trade dress can function as a trademark and, therefore, can receive similar protection under the law as any other trademark. In common with most websites, this site uses cookies to carry out various tasks including improving our users' experience.

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