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

A trademark is a recognizable sign, design, or expression that distinguishes a product or service from other products or services. A trademark can also be represented by words, phrases, graphics, symbols, or any combination of these. Examples of trademarks would be the Nike “swoosh” or the McDonald’s “Golden Arches” logo. In South Carolina, a trademark can be registered with the United States Patent & Trademark Office (USPTO) to protect the trademark from being used by another company. Trade dress, on the other hand, is a related concept to trademarks. It is the total image of a product or service, which includes features such as its shape, packaging, or even the overall appearance. Trade dress generally refers to the "look and feel" of a product or service. For example, the distinctive shape of a Coca Cola bottle or the unique layout of a Starbucks store would be considered trade dress. In South Carolina, trade dress is protected under state and federal laws, and can also be registered with the USPTO.

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

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