Trade dress and unconventional trademarks

When you see a pair of red-soled shoes, just in passing, do you instantly recognize the brand? Do you know right away which brand of soda comes in that distinctive bottle? Do you recognize your football team at a glance, by the color of its stadium turf?

Non-conventional trademarks, like these, have enormous power. In the increasingly competitive marketplace, a non-conventional trademark – a color, a shape, a jingle, and even the sound or the scent associated with your product - can be the factor that sets you apart.

Protecting a non-conventional trademark, however, requires careful attentiveness to trade dress law.  

Our approach 

We have proven in-depth experience with some of the world’s leading brands, which turn to us for our vast experience and our deep understanding of the nuances and the importance of trade dress law. We are a practical, solutions-oriented team that partners with you to help you understand and navigate this powerful, and often misunderstood, area of law. We will help you assess the state of your intellectual property protection, then select the best forms to shield your company: registering your non-traditional marks, enforcing your rights, helping you understand the entirety of your intellectual property holdings and creating an overarching strategy. We can guide you in conversations around acquiring secondary meaning and inherent distinctiveness, while addressing issues of functionality.  

Connect with us and let us put our experience to work for you.