The "look and feel" of a product, a product's packaging or the manner in which a good or service is presented to the public are the basic elements of what is protected by trade dress. Trade dress often includes trademarks (names, logos, etc.). However, trade dress goes beyond the disconnected and compartmentalized nature of trademarks to protect the diverse elements that make up the cohesiveness of a brand.
Trade dress is the mortar that holds trademarks together. For example, most consumers would know they are in a McDonald’s® restaurant or holding a bottle of Coca-Cola® even if they did not see those companies’ names or logos. This is because McDonald’s® restaurants and Coca-Cola® soft drinks have a distinctive look and feel to them, which is used to distinguish these companies from their competitors and consistently attract consumers. However, you do not have to be as big as McDonald's® or Coca-Cola® to have protectable trade dress. Discovering, defining and protecting your trade dress are essential elements to developing and protecting your unique brand.
Because trade dress is somewhat less concrete than a trademark and trade dress infringements are not typically exact duplicates of the senior brand, trade dress infringements are often ignored or underappreciated when they first surface. However, consumer response to trade dress can be very strong and, when left unaddressed, trade dress infringements can result in lost sales in the short term and a complete loss of brand identity over time. This means that all of the resources spent to develop and promote your brand could be wasted if infringements upon your trade dress are not addressed. As a result, your trade dress should be protected as aggressively as your trademarks.
When examining how to protect and increase your market share it is important to consider not only your trademarks but also your trade dress. This form of intellectual property can be more amorphous than a trademark. However, it can play just as important a role in distinguishing your goods and services from competitors and attracting customers to your brand. As such, your trade dress is a valuable asset that must be protected. Continental Enterprises’ approach to trade dress enforcement is in keeping with our aggressive and creative style of IP protection. Our services are invaluable in halting trade dress infringements and pushing back their encroachment on your market share and your brand.
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