Intellectual Property

Trade Dress

Trade dress refers to the visual appearance of a product or its packaging. Usually it is colors and shapes.

Trade dress is protectable like trademarks.

Trade dress must still be a source indicator. Functional elements cannot be protected as trade dress. This includes visual functionality, where a design is used because it is visually appealing.

Trade dress usually is not inherently distinctive, but it can be.

• Color never is.