Legal Definitions - nonfunctional

In trademark law, a nonfunctional feature refers to an aspect of a product's design or packaging that helps consumers identify the product's source or brand, but does not contribute to the product's practical use, performance, or cost-effectiveness. While such a feature might make a product distinctive, its primary purpose is aesthetic or to serve as a brand identifier, rather than to improve the product's utility. Features that are considered nonfunctional can often be protected as trademarks, as they do not prevent competitors from making equally useful products.

• Example 1: The Unique Shape of a Snack Cracker

  Imagine a brand of snack crackers that are consistently produced in a very specific, intricate star shape. This unique shape doesn't make the crackers taste better, easier to eat, or cheaper to manufacture. Its main role is to make the crackers instantly recognizable as coming from that particular brand. Because this star shape is purely decorative and doesn't affect the cracker's function or utility, it would be considered a nonfunctional feature and could potentially be protected as a trademark.

• Example 2: A Distinctive Bottle Design for a Beverage

  Consider a popular soft drink sold in a glass bottle with a highly unusual, sculpted silhouette that is instantly identifiable even without a label. This unique bottle design doesn't make the beverage easier to pour, preserve its contents better, or reduce production costs compared to a standard bottle. Instead, the distinctive shape serves as a powerful visual cue, immediately signaling to consumers that the drink belongs to that specific company. Since the bottle's shape is unrelated to the beverage's actual function or utility, it is a nonfunctional feature that could be trademarked.

• Example 3: A Signature Pattern on Luggage

  A luxury luggage manufacturer might incorporate a very specific, repeating geometric pattern across the entire surface of all its suitcases and travel bags. This unique pattern is purely decorative and does not enhance the luggage's durability, lightness, ease of packing, or any other practical aspect of its use. Its sole purpose is to create a signature aesthetic that distinguishes the brand's products from competitors. Because this pattern does not contribute to the luggage's practical use, it is considered a nonfunctional feature and could be eligible for trademark protection.