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The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark. It is possible to register trade dress as a trademark, but for practical reasons most trade dress and product configurations are protected without registration under 15 U.S.C. 1125(a).
Trade dress is a trademark law that protects the look and feel of a product and distinguishes it from other similar products. This can include but is not limited to, identifying features such as shape, color, and design of a product or a products packaging.
Definition. The design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark.
The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark. It is possible to register trade dress as a trademark, but for practical reasons most trade dress and product configurations are protected without registration under 15 U.S.C. 1125(a).
Even though there is no separate provision which specifically deals with Trade Dress, in the Indian Trademark Act, 1999, it is offered protection under the common law of passing off which includes the aspect of packaging, shape of goods, colour combination etc.

People also ask

What is a trademark, and what is a trade dress? A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging.
What is a trademark, and what is a trade dress? A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging.
Some examples of trade dress are the packaging or labeling of goods, product configuration (the design of a product), the flavor of the product, the color of a product, the layout of a restaurant, or the design of a retail store.
Federal trade dress registrations last for 10 years and can be renewed for another 10 years upon expiring. Companies can also register their trade dress on a state level.
Trade dress is a type of a trademark. Therefore, it follows that if trade dress is not registered, it is still protectable under the Lanham Act, as long as the trade dress owner can show distinctiveness and that it is nonfunctional.

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