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Actually the term you are looking for is "Trade Dress" and it can include things like color (UPS Brown), shape (Coca Cola bottle) and pattern. The tests applie
by olefoo 18y ago
Actually the term you are looking for is "Trade Dress" and it can include things like color (UPS Brown), shape (Coca Cola bottle) and pattern.
The tests applied to meet the standard are distinctiveness, indication of origin and non-functionality. So for someone to claim elements of a design as protected trade dress, it cannot be a functional element of the design, and it must be a distinctive indicator of the origin of the product.
It's similar but not the same as trademark.
- micks56 18y agoYou are right. I didn't attempt to distinguish between trade dress and trade mark. It is difficult for a person studying IP to understand. I thought it would only confuse things. But yes, you are right. And you explained it better than I would have.