When companies think about intellectual property protection, they often focus on the product itself while overlooking the packaging that consumers often notice first. Yet for many consumer brands, distinctive packaging drives purchasing decisions, reinforces brand identity, and can be as recognizable as the product contained inside (just look at the recent example of Heinz-labeled products being partially covered during the FIFA World Cup – the products were still fully-recognizable as Heinz products based on their packaging designs even with the Heinz trademarks covered, a fact that the Heinz company cleverly benefitted from in its marketing materials). From beverage containers to cosmetics, electronics, and household goods, packaging is increasingly becoming a valuable competitive asset that deserves its own protection strategy.
Many businesses assume that trademark protection focused on names, logos, and slogans alone is sufficient. The challenge is that trade dress rights in packaging often require proof that consumers associate the packaging design with a single source, a standard that can take years and substantial marketing investment to establish. By contrast, a design patent can provide immediate protection for a new and ornamental package design without requiring proof of secondary meaning, making it an attractive early-stage tool for brand owners.
Thus, the strongest protection strategies for packaging designs often combine multiple forms of intellectual property. A company may begin with a design patent covering the ornamental appearance of a package, develop trademark rights in logos and other branding elements, and ultimately establish trade dress rights in the packaging itself as consumers come to recognize its distinctive appearance. Rather than viewing these rights as alternatives, companies should consider how they can work together to create overlapping layers of protection that are more difficult for competitors to circumvent.
As product categories become increasingly crowded and knockoff goods proliferate through online marketplaces, packaging may offer one of the most effective opportunities to create and protect brand differentiation. The companies that treat packaging as a protectable business asset—rather than merely a container in which their goods are sold—may be best positioned to build durable competitive advantages and stronger enforcement options against imitators.
The Quarles design rights legal team is nationally recognized for its extensive knowledge and practice experience in this complex and important field. For questions about this article or how to incorporate design-related legal rights into your intellectual property portfolio, please contact the author(s) of this post directly or send a message to the team via our Contact page. To subscribe to our mailing list and receive updates that highlight issues currently affect the design rights legal field, click here.
