September 23, 2022—
Today is the first Friday of Fall. Pumpkin Spice has been in the air for weeks, and now it’s time to talk about something more serious: trade dress protection for candy!
That’s right – the actual shape or configuration of your goods might be eligible for a trademark registration. Not words or logos, just the shape. That’s called “trade dress,” and it is a type of trademark. Think of the Coca-Cola bottle.
U.S. Trademark Reg. No. 1057884
The purpose of a trademark is to identify the source of goods or services. When you see that bottle shape, do you think of the Coca-Cola Company? Probably.
Likewise, the shape or configuration of pieces of candy can be protected, such as these:
Candy shapes registered as trademarks with the USPTO
You likely recognize the shape of the Hershey’s Kisses and chocolate bar and of the Peeps brand marshmallow treat.
What does all of this mean? If someone manufactures candy in the same shape as a registered trademark (or trade dress), then the owner of that registration may sue for trademark infringement, potentially forcing the accused infringer to stop producing the candy and fork over profits.
Even the Sour Patch Kids candy shape is protected:
U.S. Registration No. 2812019
This registration is especially important to the owner because companies have made THC-containing gummies that look like the Sour Patch Kids candy. By having a registered trademark for the shape of the candy, the owner can pursue infringement even if the brand name and logos for the infringing candy is different than “Sour Patch Kids” branding.
Don’t limit your idea of a trademark to merely text or logos!
Sour Patch Kids candy from the author’s personal reserve
If your product shape is so unique that people know it must come from you, then you need to protect that design! Trade dress protection, design patent, and copyright are all options to discuss.
Businesses are better served by professionals who remain on the cutting edge of technology and the law. Hiring an attorney who can guide you through multiple avenues of protection is one important step in providing you with strategic IP solutions and not merely IP services.
Call or click here to get started on protecting your IP today.
