Trade dress refers to the non-functional physical appearance of a product or packaging, décor of a service establishment, or the manner in which goods or services are promoted and advertised, which serves to identify the source and distinguishes from other sources.  Trade dress relating to the configuration of a product requires a showing of acquired distinctiveness in order to be registered.

 

For a general discussion of the interface between trade dress and trademarks in product packaging for branded products with generic competition, see Trade Dress Likelihood of Confusion Minimized by Prominent Use of Trademarks.