The Importance of Protecting Trade Dress: More Than Just a Look
June 19, 2025
When we think of intellectual property, trademarks and logos often come to mind first. But there’s another powerful form of brand protection that is often overlooked: trade dress.
From the distinct red soles of luxury shoes to the shape of a classic glass soda bottle, trade dress is what makes your product instantly recognizable before a single word is read or spoken.
What Is Trade Dress?
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. It includes elements such as:
Shape or configuration of a product
Packaging design and layout
Color schemes
Store design or presentation
When these elements are distinctive and associated with your brand, they qualify for legal protection under trademark law.
Why Is Trade Dress Important?
First Impressions Matter
In a crowded marketplace, your product’s look and feel often makes the first impression — and first impressions create lasting brand associations. Trade dress helps communicate your brand’s identity, even without wods.
It Builds Consumer Trust
Consumers rely on visual cues to distinguish genuine products from knock-offs. A protected trade dress assures them of consistency, quality, and authenticity.
It Deters Copycats
When competitors imitate your packaging or product design, they’re not just stealing your aesthetic — they’re capitalizing on your reputation. Trade dress protection gives you the legal power to stop them.
It Adds Commercial Value
A unique and recognizable trade dress becomes a valuable intangible asset. It increases brand equity and can even influence purchasing decisions.
Real-World Example
In 2025, a major Indian cooperative brand, Milma, successfully sued a private dairy firm for copying the visual packaging and similar-sounding name “Milnna”. The Commercial Court awarded ₹1 crore in damages and barred the infringing party from further use reinforcing how even packaging similarities can constitute trade dress infringement.
How to Protect Trade Dress?
Ensure Distinctiveness
Your trade dress must not be generic or functional. It should uniquely identify your brand.
Acquire Secondary Meaning
This means your design must have become associated with your brand in the minds of the public.
Register It
While unregistered trade dress may still get protection under passing off laws, registration under trademark law (Trade Marks Act, 1999) strengthens your position legally.
Monitor and Enforce
Vigilance is key. Regularly monitor the market and take legal action when needed to stop dilution or infringement.
Trade dress is more than just packaging. It’s your silent ambassador on the shelves, the unspoken voice of your brand’s identity. In a world where visual communication rules, safeguarding your trade dress is not an option, it’s a necessity.
Whether you’re launching a new product or scaling your brand, consider trade dress protection as part of your IP strategy. It’s one of the smartest ways to protect your market presence, consumer trust, and long-term brand value.
Need expert guidance on protecting your product design or packaging?
Contact IP Master today for tailored advice on trade dress registration, trademark strategy, and complete IP protection, led by licensed trademark agents and brand consultants.
Let’s protect what sets your brand apart.
www.ipmaster.in | +91 7012431293
Author: Siju Rajan
Registered Trademark agent