When you think of trademarks, you may think of brand names, logos, and slogans. However, there is another type of trademark that is becoming increasingly important in the world of e-commerce: product configuration trademarks.
Product configuration trademarks protect the unique configuration or design of a product, rather than the brand name or logo. This can include the shape, color, size, or packaging of the product. For example, the Coca-Cola bottle is a famous example of a product configuration trademark.
The purpose of a product configuration trademark is to prevent competitors from creating similar products that might confuse consumers or dilute the brand’s reputation. It also allows consumers to easily identify a product and associate it with a specific brand.
To obtain a product configuration trademark, the configuration must be distinctive and non-functional. This means that it cannot be a common or necessary aspect of the product’s function, and it must be unique enough to set the product apart from others in the market.
One challenge of obtaining a product configuration trademark is proving that it has acquired secondary meaning. This means that consumers have come to associate the configuration with a specific brand over time. For example, the red soles of Christian Louboutin shoes have acquired secondary meaning and are now protected by a trademark.
In the world of e-commerce, product configuration trademarks are becoming increasingly important as companies compete to stand out in crowded marketplaces. For example, Amazon has filed product configuration trademarks for its AmazonBasics line of products, which includes everything from phone chargers to office chairs.
Overall, product configuration trademarks are a valuable tool for companies looking to protect their unique product designs and stand out in the market. If you’re considering applying for a product configuration trademark, it’s important to work with an experienced trademark attorney, such as Larson & Larson, to navigate the complex application process and ensure that your trademark is strong and enforceable.