X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Federal trademark protection of a product’s design or packaging can provide significant commercial advantages to the trademark owner, but it is often challenging to obtain. Most applicants for rights to such “trade dress” face two significant hurdles from the U.S. Trademark Office: a functionality refusal and a refusal on the basis of failure to function as a mark, that is, a finding that the applied for matter is nondistinctive and incapable of serving as an indicator of source. Nonetheless, given that trademark rights, properly maintained, can potentially last forever, it is well worthwhile to file a trademark application for such marks, when appropriate. If successful, a federal trademark registration on the Principal Register will issue, carrying with it the presumption that the registration is valid, the mark is nonfunctional and the owner has the exclusive right to use the particular product design or packaging.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.