Trademark Protection of Packaging Law and Legal Definition

Trademark protection is available for packaging when the elements claimed for trademark protection meet the requirements of a trademark. The outward appearance of the product attracts consumers’ attention, affects their decision to purchase, and helps buyers acquaint themselves with a rich market offer. The increasing importance of packaging in competition makes it subject to imitation by competitors. The elements that are protected will include the shape and color or overall coordination of these elements. However, only those elements that were designed specifically to promote the product are protected. The functional features of packaging that have a utilitarian purpose will not be protected under trademark law.