Functional vs. Non-Functional Trade Dress

Trade dress refers to the visual appearance of a product or its packaging, which signifies the source of the product to consumers. Functional trade dress includes features that are essential to the product’s use or purpose, like a bottle shape that makes it easy to hold. Non-functional trade dress, on the other hand, refers to aesthetic elements that serve no practical purpose, such as distinctive colors or designs that appeal to consumers. Protecting non-functional trade dress helps brands maintain their unique identity, while functional trade dress cannot be trademarked since it is necessary for the product’s utility.