Free Consultation 651-256-9480

Blog

Similarities & Differences Between Trademarks, Trade Dress, and Design Patents

Posted by Isabel Fox | Mar 30, 2022 | 0 Comments

Trademarks, trade dress, and design patents are each exclusionary intellectual property rights that protect non-functional aspects of an owner's business operations and product lines by giving the owner legal rights to prevent others from using them. While each of these routes to protect an owner's intellectual property is somewhat similar and overlapping, differences exist. Each intellectual property right will be discussed here and then compared and contrasted with one other.

What is Trade Dress?

Posted by Wes Schwie | Aug 30, 2021 | 0 Comments

Trade dress, like a trademark, serves to identify and distinguish sources of goods and services from each other. Trade dress encompasses non-functional aspects of physical objects such as packaging design,[i] overall product line designs,[ii] and even building designs[iii] or restaurant décor.[iv] Trade dress can be pretty straightforward but still be distinctive and recognizable to the general public, with the red wax on a Maker's Mark whiskey bottle being an example. While trade dress is protectable under federal and common law regarding trademarks, most businesses tend to focus on protecting their trademarks and brand names/logos and focus less on their trade dress, sometimes to their detriment.

What are Trademarks?

Posted by Wes Schwie | Jul 26, 2021 | 0 Comments

Trademarks, trade dress, and design patents are each exclusionary intellectual property rights that protect non-functional aspects of an owner’s business operations and product lines by giving the owner legal rights to prevent others from using them. While each of these routes to protect an owner’s intellectual property is somewhat similar and overlapping, differences exist.  Each intellectual property right will be discussed below and then compared and contrasted with the other. This topic will be divided into several blog entries with part I introducing trademarks and providing a little history.

Get Started Today

No matter where you are in your process, we'll help you understand the role of IP in your business. After all, tomorrow belongs to the people who prepare for it today.

Contact Us for a Free & Personal Consultation

Office Location

By appointment only, telephone and virtual meetings available.
445 Minnesota Street
Suite 1500
St. Paul, MN 55101

Menu