How To Protect Packaging With Trademarks

Posted by Randy Michels on Jan 27, 2016 4:47:52 PM

Distinctive packaging can drive sales, but it can also lead to knockoffs. Imitation may be the sincerest form of flattery, but it kills value in the branding world. How you protect your packaging can have a tremendous impact on the return you will obtain from your business.

The best way to protect your packaging is with a trademark. A trademark is usually a brand name, slogan, or logo, but it can also be packaging that serves as a source identifier for particular products or services.

Sign up here for a free trademark assessment and learn your safety score.

Packaging that functions as a trademark is entitled to a limited scope of protection. To maximize this protection, you need a federal trademark registration. Federal trademark registration provides important legal benefits such as a presumption of nationwide validity and the right to use the ® symbol.

Before pursuing federal trademark protection, you should consider whether your packaging is registrable. Registration will be refused if the packaging is found to be functional and/or nondistinctive.

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Topics: Trade Dress

About This Blog

From their office in a meat packing plant turned creative community, the lawyers at Trust Tree craft articles on the importance of trademarks and the power of branding. When you visit our blog, you can expect lots of content related to those topics. Unfortunately, you can also expect lots of memes, lame jokes, bad puns, and shoutouts to Nashville. The goal of our blog is to help you learn a few things about trademarks in the least painful way possible.

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