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Trade Dress
Practical Law Glossary Item 2-502-0450 (Approx. 3 pages)
Glossary
Trade Dress
The total image or overall appearance of a good or service, for example, a product's packaging or design, a product feature, or a combination of product features. Trade dress that serves to identify and distinguish the source of goods or services may be protected as a trademark or service mark if it is both:
- Distinctive (capable of identifying and distinguishing the source of the relevant goods or services).
- Non-functional (not essential to the use or purpose of the product or service or affecting its cost or quality).
For more information, see Practice Note, Trade Dress Protection.
For more on trademark protection in general, see Practice Note: Trademark Overview.