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.

Related FAQs

What is the likelihood of a trademark being challenged by another party?
What is the Madrid Agreement and how can it help me register trademarks internationally?
What is a trademark cancellation proceeding and how can it be avoided?
What is an advertisement for purposes of trademark law?
What is a trademark notice of opposition?
What is the Madrid Protocol and how can it help me register trademarks internationally?
How do I enforce my trademark rights?
What is required in order to obtain a trademark registration in another country?
How do I renew my trademark registration?
What is the difference between a trademark and a design patent?

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

Related FAQs

Related Blog Posts