Trademarking a Product’s Appearance: What You Need to Know

One of the lesser-known aspects of trademark protection is the ability to trademark the appearance of a product, even when it doesn’t serve a functional purpose. This type of trademark, known as “trade dress,” covers the unique visual characteristics of a product or its packaging that serve to identify its source to consumers. Trade dress can apply to everything from the shape of a product to the color or design of its packaging, as long as it does not serve a functional purpose.

For example, the distinctive red wax seal on Maker’s Mark bourbon bottles is a trademarked trade dress, setting the product apart from others. Similarly, Apple has trademarked the soft-cornered shape of its electronic chargers, making their chargers instantly recognizable.

In some cases, even colors can be registered as trade dress, though this is more difficult to achieve. Owens Corning successfully trademarked the color pink for its fiberglass insulation, while General Mills lost its attempt to trademark yellow for cereal boxes, as consumers did not strongly associate that color with the brand.

Trademarking a product’s appearance can be a powerful way to protect your brand identity, but it requires proof that the design is unique and identified with your brand in the minds of consumers. With the right evidence, you can protect not only the name and logo of your product but also the visual elements that make it stand out in the marketplace.