Trademark Protection For Product Packaging

One of the ways that companies add to their brand recognition is by trademarking distinctive packaging for their products. Memorable packaging can crystallize your product and your brand in the mind of your customer. Whether it’s a shipping box spotted like an animal, a unique opening or closing feature of a package, or a stylized flap that opens to reveal a viewing window in the package so that customers can see the product inside, packaging can set your product apart from the products of your competitors.

When you have a distinctive product packaging that plays a critical role in getting your brand to stick in the minds of your customers, you may wonder what you can do to protect your intellectual property rights in your product packaging design. Distinctive product packaging can be eligible for trademark protection from the United States Patent and Trademark Office, in one of two ways:

  • Trademark protection can be sought on how the product packaging looks, also known as trade dress (e.g., a stylized soda bottle), and
  • Trademark protection can be sought on how the product packaging operates or works (e.g., a way that the customer has to open a package).

Trademark Protection For Packaging Keeps Others From Using Your Design

Trademark protection on product packaging can do wonders when it comes to brand recognition. Whether you are seeking trademark protection for a logo that you want to use on your packaging, or on the design of the packaging itself, federal registration of your packaging trademark provides you with nationwide protection of your intellectual property. By having trademark protection others will be discouraged from imitating your package design or arrangement of your product packaging. This will in turn strengthen your brand, and add value to your company.

Trademarked Packaging Only Protects The Package!

It is important to note that if you do obtain trademark protection on your product packaging, the protection is limited to only the packaging that your product is contained in. It does not apply to the product held within the package. Separate trademark, or other intellectual property rights, such as a patent or copyright, will need to be obtained on the product if you want the intellectual property behind your product to be legally protected from unauthorized use.

If you have questions about obtaining trademark protection on your product or product packaging, or would like know more a trademark rights, please contact Parsons & Goltry online, or by calling 480-991-3435.

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