Not under that name. “Trade dress” is a US term for the overall look and feel of a product or brand, and the UK has no single right for trade dress protection. The same ground is covered in three ways: registered trademarks, which can protect shapes, packaging and colours as well as names and logos; design rights, which protect how a product looks; and passing off, which protects the goodwill a business builds in its get-up, meaning its packaging and overall appearance.
What’s the risk of relying on your get-up alone?
We believe a distinctive look is worth protecting as soon as it is distinctive enough for someone to copy, and for most businesses that starts with trademarking your logo as well as your name. The danger we see is relying on passing off alone. In the Jif Lemon case, Reckitt & Colman v Borden, decided on 8 February 1990, the House of Lords confirmed you have to prove three things: goodwill in your get-up, a misrepresentation by the other side, and damage. That takes evidence, time and money. Shapes have limits too: the Trade Marks Act 1994 won’t register a shape that comes from the nature of the goods, is needed for a technical result or gives the goods substantial value.
How do we approach trade dress protection in the UK?
We look at the whole look, not just the name. Step by step:
- Register the name and logo. If there are no issues, a UK registration usually takes around 3 to 4 months and lasts 10 years before renewal.
- Consider a mark for the packaging as it appears on the shelf. On 20 January 2025 the Court of Appeal found Aldi’s lookalike infringed Thatchers’ registered label mark, as covered in our Thatchers v Aldi write-up.
- Register the design where the look is new. A registered design lasts 5 years at a time, up to 25, and our design registration and renewal service tracks each renewal date for you. Without registration, unregistered rights last 3 years for a product’s appearance, and up to 15 years for a 3D shape.
What does protecting your look give you?
A registered right is something you can point to, rather than prove from scratch after you’ve been copied. Start with a free trademark search, or our trademark consultation and clearance audit, from £99, will show which parts of your brand are worth protecting. Book a free call, email enquiries@thetrademarkhelpline.com or ring 0161 833 5400. Consultation is free for new clients.
Related questions
- Can I just copyright my business name instead?
- Someone is already using my business name. What can I do?
- When should I trademark, before or after I launch?
This answer is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
