Trade dress is a type of trademark that refers to the image and overall appearance of a product.  Trademarks protect brands and the goodwill associated with the brand.  A trademark is used to identify the source of goods or services and is used to distinguish the goods and services of one seller or provider from another. Although there is no clear trade dress law in China, to some extent trade dress can still be protected. We can advise how to protect your trade dress in case you plan to have your business presence in China.

General information about Trade Dress

The Law protects a brand which and in some cases extends to protection of a product design, configuration, a product package, the interior of a store or even the design of a building. The dictionary design of trade dress is that it is a legal term which refers to protection over the visual appearance of a product or its packaging when they function as a source identifier to a consumer. Trade dress protection is different than patent protection, copyright protection and is more aligned with trademark protection. A design patent can pro

tect the visual elements of a functional item. A copyright protects a work of art. Trade dress protects a visual brand much like a trademark protects a brand. Over the years, the definition of a trademark has expanded to include the total image of the goods themselves i.e., containers for the goods, colors, fragrances, building, decor and ambiance. There are two general types of trade dress. One for the packaging or labeling of the good and another for the product design or the overall configuration or appearance of the good.

Trade Dress Protection

Trade Dress can protect the overall look and feel including a product configuration and packaging.

Types of Trade Dress

Trade dress, like trademarks, may be protected at the state level or the federal level. Both levels of protection have specific legal requirements and provide different levels of protection. If you are considering protecting or enforcing your trademark rights please contact one of our intellectual property attorneys to review your specific product and to make a recommendation based on your specific concerns.

BENEFITS OF REGISTRATION

Registration of trade dress, as with all other forms of the intellectual property provide a distinct advantage to a business or entrepreneur. In addition to providing a benefit during litigation, registration provides a presumption of validity and non-functionality. An owner of an unregistered mark, has a burden of proving the presumptions when challenged or challenging another’s mark.

BENEFITS OF USING AN EXPERIENCED TRADE DRESS LAWYER

Protecting Trade dress in some cases involves a law suit or litigation where an attorney asks a court to stop another company from using your visual brand. In the event you need to sue someone to protect your trade dress, you should always look for an attorney who has experience. Intellectual Property Center, has experience in trade dress protection including protecting the configuration of a product, its packaging and overall appearance. Whether you are in the Midwest including Kansas City or St. Louis or not, we would be happy to assist you in registering, protecting and enforcing your trade dress rights.

Trade Dress Lawyer Highlight

Peter Zhu is Of Counsel at this China IP Law Firm and practices all aspects of intellectual property law, domestically and internationally. A registered patent lawyer, Peter focuses his practice on trademark clearance, registration and enforcement. He also represents clients in trademark opposition and cancellation proceedings before the China Trademark Trial and Appeal Board. In addition, he regularly represents clients in trademark, patent and copyright and advertising matters, including litigation, both at China local Court and Court of Appeals levels. Peter is the Chair of the Intellectual Property Section of the Guangdong Province Bar Association and is a frequent author and speaker on trademark and IP issues. For more information, or to contact Peter at +86 188 19019636.