What does functional trade dress refer to?

Functional trade dress refers specifically to design elements of a product that are essential to its use or purpose. In trademark law, if a design is determined to be functional, it cannot be protected as trade dress. This is based on the principle that granting exclusive rights to functional features would hinder competition by restricting the availability of useful features required by other businesses to provide their products or services.

The ideas behind elements like the overall aesthetic of a product, the marketing strategy of a brand, and unique packaging involve aspects that can contribute to a brand's identity and distinctiveness, but these do not encompass the concept of functional trade dress. Instead, functional elements focus on practicality and necessity in product design, which disqualifies them from trademark protection under established legal guidelines.