Tag Archives: Moot Court

Trade Dress: Can A Tampon Applicator Get Trademark Protection?

Before taking an intellectual property (IP) course this past fall, I assumed trademarks only applied to brand slogans. I did not realize that trademarks could apply to physical products, too.

Now that I have taken various IP courses and participated in the IP Moot Court team, I see trademark protection everywhere. This made me wonder: can a commonplace item, like an applicator for a tampon, receive trade dress protection?

Before jumping into that answer, let’s first explain what a trade dress is.

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