Trade dress infringement is a serious concern for businesses operating in international markets. Trade dress refers to the visual appearance of a product or its packaging that signifies the brand to consumers. Protecting this distinctive look is crucial, especially when expanding globally, where the risk of infringement increases.
Register your trade dress in each country
The U.S. protects trade dress under the Lanham Act, which supports international strategies. Trade dress must be non-functional and distinctive to qualify for protection in the U.S. and abroad. To safeguard your trade dress, register it in each country where you operate. Intellectual property laws vary across borders, and registering your trade dress provides legal protection under that country’s specific laws.
This helps prevent competitors from copying your design and confusing consumers. The process for registering trade dress can differ greatly between nations and frequently calls for legal knowledge specific to that nation.
Monitor international markets
Stay vigilant about potential infringement by regularly monitoring international markets. Use online tools, market research, and local agents to identify any unauthorized use of your trade dress. If you find infringement, act quickly to enforce your rights. Many countries allow businesses to file lawsuits and go through IP litigation to stop infringement and seek damages.
Use licensing agreements
One way to expand into international markets while protecting your trade dress is through licensing agreements. This allows you to control how anyone uses your brand while working with local partners. A well-drafted agreement can prevent unauthorized use of your trade dress and give you legal recourse if infringement occurs.
Strengthen your trade dress protection
In the global marketplace, maintaining the integrity of your brand’s unique appearance is essential. Taking proactive measures to safeguard your trade dress ensures your business remains competitive and recognizable across borders. Staying informed and vigilant can significantly reduce the risk of infringement and preserve the value of your brand internationally.
