TTAB Decision Tracker: Product Packaging and Product Design Distinctiveness

Summary

This tracker summarizes precedential Trademark Trial and Appeal Board (TTAB) and Federal Circuit decisions that address whether product design or product packaging trade dress is distinctive, either inherently or through acquired distinctiveness. Precedential decisions finding marks not distinctive, and those finding marks distinctive, are listed in reverse chronological order with key details noted including the case name, the mark(s) at issue, the relevant goods and services (including class numbers), and a case description that focuses on the distinctiveness aspect of the ruling.