RIGHTPAT- IPRIMA PATENT ATTORNEYS
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Common types of Intellectual Property - Image and Get-up

Savvy businesses have realised that their product and business image can be further enhanced with how their product (or services) are portrayed to the world.  Presentation and packaging can enhance consumer perception of the goods or services, often being emotive (a much more sophisticated evolution of the female model sprawled across the bonnet of cars at shows) or functional (how can we make it easier for you to select a product in our range).

Consequently, the products of many manufacturers become just as recognisable (as being theirs) by the design and getup of product packaging.  In some cases, these become so recognisable as to become a trade mark.  Consider the shape of the Volkswagen Beetle car, the shape of the classic Coca Cola bottle, the radiator grill of a Rolls Royce automobile, or even the sound of a Harley Davidson motorcycle.

As well as providing a significant marketing advantage for businesses, product and packaging shape and getup can also become a target for imitators and counterfeiters, inducing people to buy a counterfeit product because the colour, shape, texture, materials of the packaging suggests it is a genuine product from the genuine trademark owner.  In some cases a different brand may be on the packaging, but other similarities are enough to trick the non-discerning buyer in a hurry.

Fortunately there are remedies for this, but they are not always straight forward.  Depending on steps which the genuine manufacturer and brand owner has already taken, addressing trade-dress infringement will typically rely on a combination of copyright, common law rights of passing off (where they exist), trade mark infringement, design right infringement, and possibly also various consumers laws relating to deception.


The trade-dress of your product and packaging can be a significant marketing tool.  Not only may it produce a significant favourable emotional response in your consumers, it can identify your genuine products as much as your trade marks.

The get-up of your packaging has become a significant target of counterfeiters wishing to pass off non-genuine goods as originals.

To take advantage of trade-dress for the benefit of your business, and to protect yourself against imitators and counterfeiters, requires a well planned strategy - ideally involving your patent attorney and your marketing strategy team.



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  • Home
    • News & Articles >
      • McLaren Tech
  • Contact
    • About us
  • Why use IP?
    • IP is a Business Tool
    • Key Benefits of IP
    • IP is Useful
    • IP has Value >
      • Intellectual Capital
      • Intellectual Capital - You've Already Got It
      • Intellectual Assets (IA)
      • IC - Put It to Work
      • Step it Up a Level
      • Goodwill
    • Registered IP Process >
      • Patent Process
  • What is IP?
    • The Invention
    • The Industrial Design
    • The Artistic Work
    • The Trade Mark
    • Get-up & Trade Dress
    • Urban Myths
  • Protecting IP
    • Protecting IP
    • Patents >
      • Novelty >
        • Disclosure
      • Inventiveness
      • Patentability
      • Specification
      • Patent Claims >
        • Reading claims
      • Patent Filing Process >
        • Priority Date
        • Provisional Spec
        • Overseas appln >
          • International PCT
        • Complete Spec
        • Examination
        • Opposition
        • Grant
    • Reg Designs
    • Copyright
    • Trade Marks
  • Resources
    • IP enables ... >
      • Transfer & Assignment
      • Licensing
      • Franchising
      • Partnerships
      • Venture Capital
      • Market Lead In
      • Easing in Products
      • Sideways expansion
      • Overseas expansion
    • Traps for the Unwary >
      • Commissioning
      • Confidentiality Agrmt
      • Unregistered TMs
      • Freedom to Operate
      • Employees
    • Exporting
    • Complementary TM
    • Conflicting Values
    • Conflicting Co-brands
    • Infringement
  • Coming...
    • Services we Provide
    • Protecting IA
    • Searching >
      • Prior Art