Registering Trade Dress with CBP

Last week, I wrote about how the shape of a physical product, like a building, can function as a trademark, and even how it can be so unique that it can be registered immediately. We call this trade dress, and I’m still really excited about this development, because it means the creatives I work with can protect their brands much faster.

 How? Instead of waiting years to register, they can protect their trade dress in a matter of months, and, in turn, we can record the registrations with customs and border protection (CBP) to prevent knock-offs from entering the country.

 The key is to design products so unique that consumers will immediately associate the product with your business. Like a stapler shaped like a dog. (Disclaimer: I haven’t looked to see if such a thing exists, but if it does, it can receive trade dress protection right away!)