Trademarks are typically associated with names, symbols, or phrases. Nike’s name, swoosh logo, and slogan “Just Do It” are familiar examples of these three categories. One less common, but equally important, category of a trademark that may be registered, at least in the U.S., is the three-dimensional trademark. Three-dimensional trademarks often comprise nonfunctional shapes or three-dimensional designs of products or product packaging. It is also sometimes referred to as a form of “trade dress.” If trade dress is inherently distinctive, or if recognition of the design by the consuming public as a source identifier has been established, trademark rights can be acquired. A good example of trade dress is the shape and style of McDonald’s Happy Meal boxes.
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