When we think about protecting a brand, trademarks like names, logos, and slogans often come to mind. But there’s another powerful and often overlooked form of intellectual property: trade dress. So, what exactly is trade dress, and why should businesses care about it?
Trade Dress Defined
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. This can include:
- The shape of a product
- The color scheme of packaging
- The layout and design of a retail space or machinery
- The overall look and feel of a product or brand presentation
Essentially, trade dress covers the non-functional, distinctive features that make a product or service recognizable in commerce.
Real-World Examples
Think of the iconic Coca-Cola bottle—its curvy shape is instantly recognizable and legally protected as trade dress. In the agriculture Industry, John Deere is a standout: its green and yellow color scheme on tractors and machinery is federally registered trade dress. That color combination is so associated with the John Deere brand that courts have recognized its distinctiveness and enforceability.
Legal Requirements
To qualify for trade dress protection under U.S. law, a business must prove:
- Distinctive – The trade dress must be inherently distinctive or have acquired distinctiveness through secondary meaning.
- Non-functional – The features being protected must not be essential to the use or purpose of the product or affect its cost or quality.
- Likelihood of confusion – Unauthorized use by another party would likely cause consumer confusion about the source of the product or service.
Why It Matters
Trade dress can be a powerful tool for businesses to protect the distinctive elements of their branding—beyond just a name or logo. It plays a vital role in maintaining brand identity, deterring imitators, and building consumer trust. As an essential part of your intellectual property strategy, trade dress allows you to safeguard the unique look and feel of your product or service.
Whether you’re launching a new business or managing an established brand, understanding and protecting your trade dress is key. Have a brand or product that you think might qualify for trade dress protection? Let’s talk. Call Rincker Law today at (217) 774-1373.