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Protecting your trade dress rights

As an entrepreneur or business owner in the state of New York, you have no doubt worked very hard to distinguish your products and/or services from those of your competitors. After all, offering customers original designs, and decor in some instances, is crucial to standing out and expanding your business. In addition to and beyond safeguarding intellectual property like your logo and trade secrets, it is also important to take the overall look and feel of your product into consideration. Fortunately, the attorneys at Cox, Padmore, Skolnik & Shakarchy, L.L.P., are well acquainted with trade dress guidelines and enforcement techniques.

No matter if you build children’s toys or operate an originally owned restaurant, the packaging and presentation of your product and/or services is an important aspect of your business. The International Trademark Association explains that trade dress represents the complete commercial image of a particular product or service that identifies and distinguishes the product source from others. Therefore, everything from the design and packaging of a product to the overall decor and ambience of a business can be covered under trade dress protections.

When it comes to protecting your trade dress rights, it is important to recognize that they can be legally registered. Filing for trade dress protections with the U.S. Patent and Trademark Office is similar to filing any trademark application. You should identify the products and/or services that you offer, as well as describe what distinguishes your product packaging and/or business environment from others. In some instances where your trade dress is not identified as being inherently distinctive, it may be registered with a separate source.

Intellectual property law can be rather involved and complex in some cases, depending upon the nature of your products and/or services. Learn more about trade dress and issues concerning infringement by visiting our web page today.

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