How Protected is Your Packaging? What You Need to Know



1andy's picture - CopyAndrew Rapacke is a Registered Patent Attorney at Andrew Rapacke Attorney at Law, P.A. an intellectual property firm with a focus on the toy space.  Andrew may be reached at or (407)-801-9368.  Please view Andrew at

Packaging is vital to brand recognition in any industry.  When it comes to the toy industry, it’s apparent when a child loves a toy’s packaging.  Studies have shown that:

  • Over 60% of all consumers have tried a new product based on packaging appeal
  • Over 40% of those consumers have become repeat customers based on their packaging experiences. 
  • Online, over 30% of all purchases are made based on packaging.

However, with any success come the swarms of pirates that are looking to steal your hard work and fortunes.  As the number of intellectual property and litigation filings continue to increase, the importance of protections from “knockoffs” grows.  Two immediate forms of intellectual property protection that can ensure you are not the next victim are trademarks and trade dress.  Trademarks protect names, logos and slogans whereas trade dress protection may include the shape, color, arrangement, and graphics of the packaging.

The advantages of these protections are expansive.  First, these two forms of intellectual property protection can last for decades with the proper renewal procedures.  Second, is the ability to secure import protection from United States Customs and Border Protection (CBP).  Since its inception in 2003, the CBP has targeted and intercepted counterfeit and “gray market” goods at ports before they enter U.S. markets.  Furthermore, the CBP has created and implemented the robust Intellectual Property Rights Search (IPRS) database that allows individuals as well as federal agent’s to search and monitor intellectual property rights.   Once you have secured registration at the United States Patent and Trademark Office, your company may apply for inclusion within this database for 20 years.

Oftentimes we get so focused on the product itself that we forget the significance of the packaging itself.  However, for several hundred dollars your products and packaging can have both the brand recognition they deserve, as well as the intellectual property protection necessary for nearly every market. 


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