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).