Important Issues for Entrepreneurs: Trade Dress (Part A)

The term "trade dress" refers to the artwork or characteristics of the visual appearance of a product or its packaging. Generally, trade dress will signify the source of a product, as does the design of a Coca-Cola can. A product's trade dress is considered intellectual property, which can be registered with and protected by the U.S. federal government.

Federally Protecting Your Product's Trade Dress

The process of registering and protecting your product's trade dress is the same as the process of registering a trademark. To do so, you must file an application with the United States Patent and Trademark Office (USPTO). This can be done electronically via the USPTO website, through a system known as the Trademark Electronic Application System (TEAS).

Before registering your trade dress, however, you should make sure that your trade dress does not conflict with a trade dress that has already been registered. To do so, you may conduct a thorough search of the USPTO database. If your trade dress does conflict with another design, you may be prevented from using it in connection with the sale of your company's products.

To conduct a search for existing designs, or to successfully register your trade dress with the USPTO, you can get the professional help of a Monmouth franchise lawyer. A Monmouth franchise lawyer can advise you throughout the registration process, so that you can avoid making costly mistakes.

Putting Your Trade Dress to Use

When using your trade dress in connection with the sale of your business' products, it is important to be consistent. In other words, try not to use variations of the size, colors, or design. By maintaining consistency, your customers will become familiar with your specialized design, and you will begin to build a brand that your customers will recognize.

Once you have established a recognizable trade dress, and registered it with the USPTO, you can prevent anyone else from using it in connection with the sale of their goods. If someone does use your design, or a design that is confusingly similar, you can have your Monmouth franchise lawyer send a letter to "cease and desist".

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