Trade Dress: Importance of Visual Appearance

The idea of quality to a group of trade dress has first come out of in US laws. Today for every businessman it is very important to come to a decision about a trade dress for goods or services of his business, like any other money business decision of a business as an outcome of that we can say that trade dress is having a necessary thing place in business. Trade dress shall be nothing like it, full of ideas different and by business viable to get attention from customer’s attention. This results in more sales, the name being Talked-about, condition of having general approval for one example business.


Trade dress says something about a visual appearance law of products which includes making into a parcel, form, and combination of colors which can be recorded listed or kept safe by the competitors in terms of their business and supports. It helps the users to make out the product and see what is different from other products. It also helps an unable to read the user to differentiate the product based on the material for putting in parcels of the product. This idea was first to give respect to the US. The new trademark act, 1999 came into force in September 2003 and is largely based on the English trademark act, 1994 which took in the idea of trade dress on the lines of the Lanham Act. 


Trade dress care is meant to protect users from putting into or appearance of the product that is designed to take other products. It keeps from taking place users from giving money for a product with the belief that it is part of to others. The main objective is also to protect the goods and services from copying. It should be separate from others. It should not make come into existence an order less mind among the minds of the users so that there should not be any hard use of that product. 

Essentials of Trade Dress

1. It includes size, color, texture, product configuration, etc. 

2. The packaging of a product is likely to be unique. 

3. The color of the product also gives a separate identity. 

The Idea of a Quality Common to A Group of Trade Dress in Indian Context

Trade dress is another kind of intellectual property. Trade dress gives a detailed account of or persons working with features of the visual or pleasurable to the appearance of the sense of any product. The trade dress also includes the making into a parcel, form, and design of a building. Trade dress has a sense of the product’s service to the users. In other words, the purpose of trade dress is to put a stop to a user from getting something for money a product or a thing commonly needed under a false belief that it is from the put forward maker of goods of great scale by machines. For example, Apple Inc. recently got the number on a list over the design of its flagship apple stores as a trade dress. 

Trade dress can be anything that could make be moving in the overall look and visual appeal of a brand and make come into existence a feeling of a brand in the marketplace. The consumer feels the trade dress to be a primary indicator for nothing as being different from the goods and services among different brands. 

The features that make up the trade dress include configuration of forms, outline, designs, colors, or materials. However, these must not be use in addition to making come into existence recognition in the user’s mind. 

The rules-given thing needed for the trades dresses the number on a list is like that of the number on a list of design used as a special sign or Wordmark. 

In India, there is no separate law for the trade dress in India and it follows the statement in the law of trademark law. The currently in existence Indian trademark (making) laws do not support a separate statement in law for trade dress. however, this is not the case with the other countries like the United States of America, which takes consciously the trade dress idea under section 43(a) of the Lanham Act. 

The trademarks act of 1999 was changed, it took in the idea of trade dress by adding features like the form of goods, making into a parcel or combination of colors, or any combinations thereof in its new trademark statement. It is listed and described in section-2 of the trademark’s act of 1999. Thus, the trademarks act of 1999 includes the coming here-after definitions:

mark- mark includes an apparatus, brand, heading, label, ticket, name and sign-mark, word, letter, numeral the form of goods, making into a parcel or combination of colors or any other combination thereof. 

Package: Process of parceling includes any case, box, vessel, covering, folder, receptacle, vessel, box, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper, and cork. 

The decision taken by the Indian judiciary from time to time states that care of trade dress is a new and necessary open meeting place to get different aspects of the business to see what is different the product from that of others. 

Requirement for Trade Dress Registration

The requirements for trade dress the number on a list of a product are as follows:

1. It must be with the line picture represented. 

2. It must be separate from others. 

3. It must be used in relation to goods or services from others. 

4. It must be in a printed form. 


Christian Louboutin Sas v. Mr. Pawan Kumar Ors. (December 2017, Delhi HC) 

This landmark case in the first example in India where a Court had declared a trade dress as in public eye status just like a trademark. Christian Louboutin (Cl) argued that it is a shoe with a red under part (of foot shoe) clearly takes to be the same it is product nothing it from third parties. The red one and only trademark have thus become the sign-mark of CI as it has got trademark registrations in different jurisdictions including India and at the same time enjoys a trans-border reputation. Where it is customers across the globe are well-having knowledge of the good-will and reputation of the mark. The defendants were local shoe dealers making and trading shoes with a red maker part (of foot shoe) thereby breaking rules of Cls trademarks looking into the material evidence led by the plaintiff the Delhi High Court forever injected the defendants from making, trading or in any way trading with the shoes and the like bearing Cls recorded, the listed trademark for the red sole. 

Colgate Palmolive co. v. Anchor health and beauty care Pvt. Ltd (October 2003, Delhi HC) 

Colgate Palmolive (CP) looked for a time in between injunction against anchor health and beauty are for use of similar trade dress and combination of red and white in relation to an identical product ( tooth powder) when the trademark being used by the 2 parties were completely different. While (be conscious of) having seen before the idea of trade dress, the high court of Delhi noted that it is the overall impression that a person getting support or goods gets in connection with the source and origin of the goods from the visual impression of color combination form of the vessel and making into a parcel. If an unable to read runway and able to be easily tricked person getting support or goods gets mixed up in connection with the source and origin of the goods which he has been using for a longer period by way of getting the goods in a vessel has. One example form, color combination and get up, it amounts to going past, through off. 


To protect trade dress is a turning point for every businessman in today in the competition era. To make come into existence healthy competition and fair business experiences, each businessman should invent, or make come into existence a nothing like it and different trade dress for his/her products or supports. Trade dress is one of the types of trademark and has its necessary place in the growth and expansion of the business. In India, trade dress is a person given the government by Indian trademark act 1999 and to some extend principles of the common law. 


Why Protect Trade Dress? 

Persons getting support or goods give money to products because they like them. It is the visual appearance of the product that guides the customers to give money for their supported product. Even schooled customers to discover difficulties in noting as being different 2 similar looking products. Because of these reasons trade dress should be taken care of. Trade dress should be taken care of to put a stop to customers from an order less mind while they are getting things at the store and to protect the interest of true makers. And the products should be nothing like it and separate from other products. 


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