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

The main difference between a trademark and a trade dress is the scope of protection each provides. A trademark is a sign used by a trader to distinguish the goods or services of one trader from those of another. It consists of words, symbols, designs, or a combination thereof. A trademark can also refer to a slogan, logo, or other sign used to identify a brand, product, or service. In Washington, registering a trademark with the United States Patent and Trademark Office provides the strongest protection for both the mark itself and the goods or services associated with it. Trade dress is a type of trademark protection for the overall look of a product, such as its shape, color, packaging, and other visual characteristics. It must be distinctive and not commonplace in the product’s industry. Unlike trademarks, trade dress does not require registration with the USPTO for protection in Washington. It is considered a form of “unregistered” trademark protection. The rights associated with trade dress exist as long as the product or service associated with it remains distinctive.

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

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