Trade Dress

The “trade dress” of a good is a legal concept which typically refers to the good’s “total image” or “overall appearance” and “may include features such as size, shape, color or color combinations, texture, or graphics . . ..” Examples of trade dress include unique bottle shapes (Coca-Cola), the shapes of buildings, Kodak’s yellow and red color combination, the color and shape of pill capsules, and the décor, layout, menu, and style of a restaurant chain.

Berstein Law proudly assists clients who seek federal registration of their trademarks/service marks and trade dress by handling such matters before the United States Patent and Trademark Office.

Berstein Law also litigates disputes in the area of trademarks – representing the owners of trademarks/service marks and trade dress along with those individuals and businesses who stand accused of infringing another’s trademarks/service marks and/or trade dress. Infringement cases are typically venued in the Federal Courts while disputes regarding whether a trademark should be registered, or an existing registration should be cancelled, are heard before the Trademark Trial and Appeals Board of the United States Patent and Trademark Office. It is in these venues that the lawyers of Berstein Law proudly represent their valued and diverse clientele.

If you have an issue in the area of Trademark/Service mark or Trade Dress law, do not hesitate to call Berstein Law at 949.783.4210.

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