Which statement is accurate regarding whether the shape of a product or package may be a trademark?
A) The shape of a product may be a trademark if it is nonfunctional but the shape of a package may not be a trademark.
B) The shape of a product may be a trademark if it is functional but the shape of a package may not be a trademark.
C) The shape of a product or package may be a trademark if it is functional.
D) The shape of a product or package may be a trademark if it is nonfunctional.
E) The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be a trademark.

Question

Quizplus · Accepted Answer

The shape of a product or package can serve as a trademark if it is nonfunctional and has acquired distinctiveness. Functional shapes are generally not eligible for trademark protection because they are necessary for the product to perform its intended purpose, and granting exclusive rights to such shapes would hinder competition.

Which Statement Is Accurate Regarding Whether the Shape of a Product