Trademark Protection of Shapes Law and Legal Definition

Trademark protection is provided to product shapes under the rapidly expanding doctrine of trade dress. If the product shape meets the requirements under trademark law of distinctiveness, and unobjectionable content, and the shape is not a functional feature of the underlying product, it will qualify for trademark protection. It can be registered with the U.S. Patent and Trademark Office (USPTO). However, the usual requirements for each modality of protection should be satisfied. Usually, trademark protection can continue indefinitely, if the applicable legal requirements regarding to use and registration are met. The shape should be distinctive and not solely functional or necessary. It should also satisfy other conditions generally applicable to trademarks.