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Frequently Asked Questions

Can trade dress apply to aspects such as decor and architecture?

Yes, trade dress can indeed apply to aspects such as decor and architecture. Trade dress, a type of intellectual property, covers all elements that constitute the overall image of a product or service. This includes not just the color, shape, size, configuration, and packaging of a product, but also extends to the decor, architecture, or any other element that contributes to the distinctive presentation of a product or service. Trade dress is essentially concerned with the promotional aspects or the image of a product or service. It is protected under trademark law, and the Lanham (Trademark) Act applies to it, irrespective of whether you have a registered or an unregistered mark. The law does not differentiate between a trademark based on a word (like the name of your brand or product) and a trademark based on something visual (trade dress). However, it's important to note that trade dress does not apply to any aspect that is purely functional. For instance, the shape of a Coca-Cola bottle, which is distinctive and instantly identifies the product, can be protected by trade dress as it doesn't have a functional purpose. The product could be sold in bottles of any shape.
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