What is the difference between a trademark and a trade dress?

A trademark is a unique type of intellectual property that helps distinguish a company’s product or service from those of its competitors. It is usually a word, phrase, logo, symbol or a combination of these that is used to identify and differentiate the source of a product or service. An example of a trademark is Nike’s “Just Do It” slogan. On the other hand, trade dress is a type of trademark that is used to establish the look, feel, and overall presentation of a product or service. Trade dress is usually created by the design of a product or the manner in which it is packaged or presented. The trade dress of a product is meant to evoke an impression of the product’s underlying source. For example, Apple’s minimalist design of its products and packaging is its trade dress. In New York, trademarks and trade dress are protected under the federal Lanham Act, as well as under state trademark law. To obtain protection for either type of intellectual property, the owner must register the rights with the US Patent and Trademark Office.

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What is the difference between a trademark and a trade dress?

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