What is Trade Dress?

Trade dress refers to the distinctive visual elements of a product, its packaging, or even the design of a commercial space that consumers associate with a particular brand or source. As a vital component of trademark law, it protects the unique look and feel of a product, which can include its shape, color scheme, texture, or overall design. For trade dress to be eligible for protection, it must be distinctive enough to allow consumers to easily identify the product’s source, setting it apart from others in the market. Moreover, the visual features in question must be non-functional; in other words, they should not serve a practical purpose that affects the product’s performance, cost, or quality. Trade dress protection not only helps preserve the integrity and recognition of a brand but also prevents competitors from copying distinctive visual elements that could confuse consumers. Ultimately, this safeguard enhances a company’s ability to maintain brand identity, foster consumer trust, and uphold its position in the marketplace