Can a package design be tademarked?

ladyrose

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Feb 23, 2004
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I've had a unique packaging design idea for awhile now. It's not coffee but a coffee themed gift item. After a few weeks of searching I came across only 1 company that packages their products with the same look I am going for. I don't mean a logo design but I don't want to say exactly what it is either. It's packaged in an unusual way for this type of product. I'm wondering if I can still use my idea even though this major million $$ Co. uses the same packaging "gimmick." It won't be exactly the same but very similar. I'm really bummed because I thought I was the first one to think of this, but I don't think there is anything that hasn't already been thought of. Thanks.

Rose
 

Davec

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Oct 18, 2006
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Old England (UK)
ladyrose said:
I'm wondering if I can still use my idea even though this major million $$ Co. uses the same packaging "gimmick." It won't be exactly the same but very similar.
Rose
How many times have you picked up a product in the supermarket, only to get home and find it's the wrong brand, even though the shape, design and colours on the packaging looked very similar.

I think as long as it's not exactly the same, you should be OK (of course no design elements should be identical).
 
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ladyrose

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Feb 23, 2004
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Davec said:
ladyrose said:
I'm wondering if I can still use my idea even though this major million $$ Co. uses the same packaging "gimmick." It won't be exactly the same but very similar.
Rose
I think as long as it's not exactly the same, you should be OK (of course no design elements should be identical).


That's what I'm thinking. They use a box and I will use a bag but it will still have the same overall look. I also just found out that they have discontinued the product. I am trying to find out why. Hopefully it's not because of bad packaging design. ha ha.

Rose
 
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ladyrose

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Feb 23, 2004
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Good News

I ordered and just received the product that I thought was packaged with my idea. After seeing it in person, it's not as close to the idea as I thought it was. No one would ever confuse our packaging. I'm really happy now that I can continue with my project.

Rose
 
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