Trade Dress

Trade Dress:

It is used to distinguish a merchant’s or manufacturer’s good/service from those of another and refers to total image of the product

It is a distinctive and non-functional feature.

Similar trade dress of two companies

Includes such features as:

·      Shape

·      Size

·      Color combination

·      Texture

·      Graphics

Importance:

Trade dress can influence the purchasing decision of consumers.

Helps companies receive recognition.

You can claim trade dress protection if your trade dress is distinctive and indicates your source of business.

Why protect trade dress?

Prevents others from using similar dressing or packaging

Prevents confusion amongst the consumers

Offers Protection such as:

To the cover of book/magazine

Theme and look of a line of greeting cards

Trade Dress vs. Trade Mark

Trade Dress	Trade Mark
It is the product’s physical appearance	The brand name used to distinguish goods and services.
Includes features such as: 1.     Shape 2.     Color 3.     Size 4.     Graphics	It only involves a set of words or logo.