Final answer:
The main difference between a design protected as a trademark and trade dress is the scope and nature of the protection. Trademarks identify specific goods and are renewable based on use, whereas trade dress includes the product's overall image and can be protected without registration. Both are important in intellectual property law.
Step-by-step explanation:
Difference Between Trademark and Trade Dress
The difference between a design protected as a trademark and trade dress involves the scope and nature of protection among other factors. A trademark is an identifying symbol or name for a particular good, such as the Nike "swoosh" that appears on shoes and athletic gear. Trademarks are specific to goods and are granted on form and style, but not the actual concept or idea, allowing for recurring renewal as long as the mark remains in active use.
Trade dress, on the other hand, refers to the overall appearance and image of a product or its packaging that signifies the source of the product to consumers. This can include features such as size, shape, color, texture, graphics, and appearance. Trade dress is protected without formal registration, as long as it is distinctive and non-functional. However, it can also be registered for additional protection.
Both trademarks and trade dress are crucial components of intellectual property law, which also includes patents, copyrights, and trade secrets. The protection of such intellectual property is upheld by laws across various countries, with ongoing efforts to harmonize these laws internationally.