When you think about a Coca-Cola bottle, a Tiffany box, or the layout of an Apple Store, you’re not just thinking of logos or words—you’re thinking of trade dress. While trademarks typically protect names, logos, and slogans, trade dress protects the overall look and feel of a product or its packaging. For many businesses, especially those with a strong brand identity, trade dress can be just as valuable as a trademark or design patent.
So what exactly is trade dress—and how do you protect it?
What Counts As Trade Dress?
Trade dress refers to the visual appearance of a product or its packaging that signals the source of the product to consumers. This can include:
- Shape or configuration (like the contoured Coca-Cola bottle)
- Color schemes (like Tiffany’s robin-egg blue boxes)
- Store layouts (like Apple’s minimalist retail design)
- Website or app interfaces (if distinctive and consistent)
- Design features of product packaging
To qualify for protection, trade dress must be:
- Distinctive: It must be uniquely associated with your brand in the minds of consumers.
- Non-functional: It can’t be something essential to the product’s use or purpose.
- Recognizable: It must be shown that consumers associate the design with a particular source.
How Do You Protect Trade Dress?
Trade dress can be protected in two main ways:
- Common Law Rights: Simply by using your unique packaging or product design in commerce and building recognition, you acquire limited rights. But enforcement can be difficult without federal registration.
- Federal Registration: Trade dress can be registered with the U.S. Patent and Trademark Office (USPTO) under the Lanham Act—just like a regular trademark. This gives you stronger legal rights and presumptions.
The USPTO is cautious about granting trade dress protection. You’ll need to prove acquired distinctiveness (also called “secondary meaning”), especially if your trade dress is not inherently distinctive.
Trade Dress Vs. Design Patents
It’s easy to confuse trade dress with design patents—but they’re different tools:
Trade Dress
Design Patent
Protects brand identity and consumer recognition
Protects novel, ornamental design
No expiration (as long as in use)
Expires after 15 years
Must not be functional
Must be non-functional and new
Harder to get, but stronger for branding
Easier to get if novel and well-designed
In many cases, businesses use both. Our design patent lawyer can help protect your new look while you build up the brand recognition needed to later register it as trade dress.
Examples Of Trade Dress In Action
- Louboutin red soles: Recognized as distinctive trade dress for women’s shoes.
- Maker’s Mark wax seal: The dripping red wax cap is a federally registered trade dress.
- LEGO minifigure shape: Protected as trade dress after years of consumer association.
Why Trade Dress Protection Matters
If your brand identity relies on a consistent, recognizable visual appearance, trade dress can be your moat. It prevents competitors from confusing customers with copycat designs and helps you maintain the uniqueness of your brand.
For startups and growing companies, it’s worth identifying whether your product’s appearance is a potential asset. Trade dress can add value to your company, bolster investor confidence, and open licensing opportunities.
Need Help Protecting Your Brand’s Visual Identity?
The Patent Baron PLLC helps innovative companies nationwide secure their trade dress rights through strategic brand protection, registration, and enforcement. Reach out to see whether your product design or packaging may qualify for trade dress protection.