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Trade Dress

What is trade dress?

Trade dress is the overall commercial image (look and feel) of a product or service, which indicates or identifies the source of the product or service and distinguishes it from those of others.

It may include the design or configuration of a product; the packaging of goods; and/or the décor or environment in which services are provided.

Trade dress can consist of such elements as size, shape, color, texture, etc., to the extent such elements are not functional.

INTA's position

INTA supports the position that trade dress may function as a trademark and, therefore, in appropriate circumstances should be entitled to trademark recognition, registration and protection.

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