What Does Trade Dress Trademark Protection Have That Design Patents Don’t? The long-term protection is the key. Protection can last indefinitely, as long as you continue to use the mark, defend the mark, and submit the maintenance documents and fees to the USPTO. That long life is because the trade dress is a source identifier. It lives on because consumers know the design means a product from you.
Trade Dress protection can be tricky, though, and here are two strict requirements that make it a long-term goal, not a quick fix.
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