What is an example of a trade dress?
Some examples of trade dress are the packaging or labeling of goods, product configuration (the design of a product), the flavor of the product, the color of a product, the layout of a restaurant, or the design of a retail store.
What is get up and trade dress?
Trade dress—sometimes called get-up—is the overall commercial image (look and feel) of a product or service that indicates or identifies the source of the product or service and distinguishes it from those of others.
What do you mean by trade dress?
Trade dress refers to features of the visual or sensual appearance of a product that may also include its packaging, shape, combination of colors which may be registered and protected from being used by competitors in relation to their business and services.
What is get up in intellectual property?
In other words, the get-up of a product is the whole “dress” in which the goods are offered to the public. The definition of a mark and a trade mark is wide enough to include the get-up of a product. Brand owners would typically apply to register their get-up in the form of a nude label.
Do you have to register trade dress?
Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.
What is IP passing?
Passing off is a legal reference for what happens when an individual or a business misrepresents someone else’s goods or services in order to try and pass them off as their own. Passing off law in the UK deals with unregistered rights.
Is passing off illegal?
Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. Passing off does not confer monopoly rights to any names, marks, get-up or other indicia.
Which is an example of a trade dress?
Examples of trade dress include: the red-sole of a Christian Louboutin shoe; the colors of the Reese’s Peanut Butter Cups wrapper; the red sealing wax on a bottle of Makers Mark; the shape of a Hershey Kiss chocolate.
How can I prove that my trade dress is distinctive?
One of the easiest ways to prove that trade dress is distinctive is holding a trademark from the United States Patent and Trademark Office (USPTO). When considering if something is distinctive enough to qualify for trade dress, reviewers will decide whether the shape or design is common or unique.
Where can I get a trade dress trademark?
For a service, it may be the decor or environment in which a service is provided—for example, the distinctive decor of the Hard Rock Cafe restaurant chain. As with other types of trademarks, trade dress can be registered with the U.S. Patent and Trademark Office (USPTO) and receive protection from the federal courts.
Can a product design be protected by trade dress?
However, product design, that is the design or shape of the product itself, may not be inherently distinctive, and must acquire secondary meaning. Although the exact boundaries of protection are still uncertain, courts are beginning to allow trade dress protection for the overall “ look and feel ” of a website.
