Trade Dress versus Copyright versus Trademark

Posted by Michael Shimokaji | Apr 29, 2014 | 0 Comments

Question: How do I go about getting a Tradedress to protect the design of my earrings I designed? I have a sample.

Need to know how to get a Tradedress.

Answer: For your earrings, you would probably want to consider copyright protection rather than trade dress protection. The latter is similar to trademark protection in that a distinctive feature might serve as a source identifier of your jewelry.

If the design of your jewelry serves as an identifier of your goods, then trade dress and/or trademark protection might be appropriate. However, if your jewelry design is more of a one-of-a-kind design that is not common among all of your jewelry designs, then copyright might be the better way to go.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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