Trade Dress

What Is Trade Dress?

Trade dress—sometimes called get-up—is the overall commercial image (look and feel) of a product or service that indicates or identifies the source of the product or service and distinguishes it from those of others. Depending on the jurisdiction, it may, for example, include the design or configuration of a product, the packaging of goods, 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.

Depending on the jurisdiction, trademark, design right, copyright, and/or patent law may afford protection to trade dress.

Our Position

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