Factors for Trade Dress Protection

Trade dress protection refers to the visual appearance of a product or its packaging that signifies its source. For trade dress to be protected, it must be distinctive, meaning consumers can identify it with a specific brand. Additionally, the design should not be functional, meaning it cannot be essential to the product's use or purpose. Lastly, the trade dress must have acquired secondary meaning, indicating that consumers associate it strongly with the brand after enough exposure. Together, these factors help distinguish a brand in the marketplace and protect against unfair competition.