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Trade Dress




Your client says: "I developed a new product. Can I legally protect its packaging?"


Trade dress, much like a trademark, is a way that a product is identified to consumers. However, while a trademark is a distinct logo or phrase used to identify goods, trade dress is the visual appearance of a product or its packaging. If that appearance is distinctive and readily identifies a product, it may be protected very much in the same way a trademark is protected. Trade dress must not be a functional part of the product, and it must be distinctive.

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