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The Intellectual Property StrategistFeaturesIntellectual PropertyTrademarks

Using Unique Product Features or Designs to Register Trademarks

By Marc P. Misthal
September 01, 2024

Billy Joel famously sang about how dressing in fashion requires a lot of money. Still, today's fashionistas want to achieve stylish looks for less, whether from an established fashion house or an up-and-coming designer. While it is well known that brands register their brand names as trademarks, the issue goes beyond mere name registration. In an era where dupes flood the market, online forums often suggest that "as long as sellers don't claim to sell authentic products or use the brand name in marketing, it's a legal grey area."

It's not a legal grey area, though. Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks. Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?

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