Trade Dress: Did you know that the shape and design of lipsticks can be legally protected?

When we talk about trade dress, we refer to the legal protection of visual characteristics that identify a product or service and differentiate it in the market. In the world of fashion and cosmetics, these visual characteristics go far beyond simple style; they are a fundamental part of the brand's identity and the consumer experience.

An excellent example of this are Guerlain lipsticks, a French luxury brand that, over the years, has stood out for its sophisticated and innovative designs. Guerlain lipsticks are known for their distinctive and exclusive cases, some adorned with rhinestones or covered in leather, elements that not only add beauty but also convey the brand's prestige.

Imagem/reprodução: Guerlain

These design features are not just decorative, but essential to ensure that consumers immediately recognize the brand, whether by the shape, material or texture of the product. Guerlain uses these visual elements to reinforce the exclusivity and status of its products in the luxury market.

The concept of trade dress is not only relevant to luxury brands, but to any company that invests in creating a unique design for its products. In the case of Guerlain lipsticks, trade dress protection is essential to prevent competitors from copying these visual elements and thus diluting the brand identity.

Trade dress legal protection ensures that the unique design of a product is protected by law, preventing third parties from using the same or a substantially similar design without due authorization. This not only protects the brand identity, but also maintains exclusivity, one of the greatest assets in the luxury market.

Imagem/reprodução: Guerlain

Furthermore, trade dress protection can be essential to reinforce the brand’s value in the market. By having their designs protected, brands ensure that their creative efforts are respected and valued, while also defending themselves against unfair competition.

Having legal advice specialized in fashion law is crucial to ensure that all stages of the trade dress protection process are correctly completed. From the beginning of the product’s creation to its commercialization, legal advice can act to protect the design and ensure that all intellectual property rights are duly registered.

Imagem/reprodução: Guerlain

When considering creating products with unique visual characteristics, it is essential that entrepreneurs consult specialized professionals who can advise them on how to effectively protect these creations. Proper legal advice ensures that the brand does not lose its value and that its designs are duly recognized and protected in the market.

In the case of Guerlain lipsticks, trade dress protection is not just an aesthetic issue, but a business strategy that ensures the luxury and exclusivity of the brand are maintained.