Intellectual Property, Business, and Estate Planning
Protecting your ideas, business, and legacy
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Your brand’s look and feel may be more legally protectable than you realize, or less protected than you think. This free 5-question checklist helps you evaluate whether your product, packaging, or visual brand identity qualifies for trade dress trademark protection, in plain English, before you invest time or money finding out the hard way.
Your Brand’s Visual Identity May Already Be a Legal Asset. Do You Know What You Actually Have?
Trade dress trademarks are one of the most powerful and least understood forms of IP protection available to small businesses and creators.
It’s not just about logos and brand names. Trade dress protects the overall look and feel of your product, your packaging, your store design, your website layout, your color scheme — the visual identity that makes customers recognize you instantly, even before they see your name.
The Coca-Cola bottle shape. The distinctive red sole on a Louboutin shoe. The overall visual presentation of an Apple store. All protected trade dress trademarks.
But here’s the catch: not every look and feel qualifies. And many business owners either assume they have protection they don’t actually have, or sit on valuable visual IP without knowing it’s worth protecting.
This checklist helps you figure out which situation you’re in.
What the Checklist Covers – Ask to Predict Your Trade Dress Trademark Fortune
Five plain-language questions that walk you through the core legal requirements for trade dress protection:
🎱 Question 1: Is your look and feel distinctive — do consumers associate it specifically with your business?
🎱 Question 2: Is it non-functional — does it exist for identification rather than utilitarian purpose?
🎱 Question 3: Have you been using it consistently in commerce over time?
🎱 Question 4: Could a competitor copying it cause consumer confusion?
🎱 Question 5: Can you document and describe it specifically enough to claim it?
Each question includes a plain-English explanation of why it matters and what the legal standard actually requires — no law degree needed.
Then the Fortune Ball Speaks.
The results section gives you a straight answer in three tiers:
✨ Signs Point to Yes: your look and feel may have strong protection potential worth pursuing
🔮 Reply Hazy, Try Again: you may have some protection, and an attorney can help you assess and strengthen it
🖤 Outlook Not So Good: trade dress may not be the right tool, but other IP protection options may be
This Is for You If:
✓ You have a distinctive product, packaging, or brand visual identity you’ve invested in building
✓ You’ve ever wondered whether your brand’s look and feel is legally protectable
✓ A competitor has copied your visual presentation and you want to know if you have recourse
✓ You’re preparing to invest in brand development and want to know what’s worth protecting
✓ You’re a creator or small business owner who wants to understand your IP options before spending money on legal services
About Julie King
I’m Julie King, an IP and patent attorney with over 25 years of legal experience. I help creators, influencers, and small business owners understand and protect their intellectual property, without the jargon and condescension.
Trade dress is one of my favorite topics because it’s so consistently underused. Business owners spend years building a distinctive visual identity and then discover too late that a competitor has copied it and they have no protection in place.
This checklist won’t give you legal advice about your specific situation; that requires an attorney. But it will tell you whether the conversation is probably worth having.
📅 Have questions about trade dress, trademark, copyright, or other IP protection for your brand? I help clients with IP matters nationwide. Book a consultation: kingpatentlaw.com
📅 Need a review of a brand deal, content creation, or marketing contract? Book a consultation: kingpatentlaw.com
🎙️ Spellbinding IP Podcast available on all major platforms 📱 @kingpatentlaw on social media
What’s Included
Three-page PDF checklist (printable and screen-friendly)
5 questions with plain-English explanations
Magic 8-ball style results with three outcome tiers
Instant download. No waiting.
This checklist is for general educational purposes only, is not legal advice, and does not form an attorney-client relationship. Laws vary by state and contract terms vary widely. For advice specific to your situation, consult a licensed attorney. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Contains attorney advertising material.
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