Designs and eye-catching aesthetics of a product in today’s competitive market are equally important as that of the functionality of the product. Both design patent and trade dress plays a significant role as both represents two distinct yet interconnected forms of Intellectual property and influence patent success by enhancing market distinction and by establishing brand identity.

Understanding Design Patents and Trade Dress Protection

Design patents protect the aesthetic or decorative features i.e. appearance, shape, and configuration of a product rather than its functional aspect. Basic criteria to get a design patent is that the design should be new, original, and non-obvious. The design patent term is 15 years that starts from the date of issue.

Whereas, trade dress refers to commercial look and feel of a product, its packaging, or a service to identify and distinguish its source. The basic criteria for trade dress protection is that the design must not be functional, but should be distinctive, and must have established secondary meaning. The trade dress remains protected as long as it continues to be distinctive.

Overlap Between Design Patents and Trade Dress

As both intellectual property protects similar aspects of a product - the appearance and aesthetic features, so there exist a considerable overlap where a product’s design might be eligible for both design patent and trade dress protection. However, not all designs meet the criteria for both i.e. a functional design may be disqualified from trade dress protection but is eligible for a design patent if it meets the necessary conditions for originality and non-obviousness.

Some examples of product designs that qualify for both protections include the Coca-Cola bottle’s unique shape and the red soles of Christian Louboutin footwear.

Factors affecting patent and trademark litigation outcome

• Commercial Success
• Timing of Sales
• Jurisdiction Consideration

Conclusion

Design patents and trade dress are essential tools for safeguarding a product's distinctive design. But one must find out what is needed and how he want to safeguard his merchandise. Since overlap between trade dress and design patents might make legal processes more difficult, one must decide which is the optimum usage situation. Additionally, overlapping will lead to diminish the scope and extent of claims.