13.1.2.2.6 Validity — TradDoeses— - Non-Functionality Requirement is a legal standard that requires a product’s trade dress to be non-functional. Trade dress refers to the physical appearance of a product and includes features such as size, shape, color, graphics, and texture. The purpose of this requirement is to ensure that a product’s trade dress does not serve a utilitarian purpose and is protected as a trademark. This includes features that are not essential to the use or purpose of a product, and would give a competitor an unfair advantage if it were to imitate the product’s design. There are two types of trade dress non-functionality requirements: the traditional functionality test and the aesthetic functionality test. The traditional functionality test looks at whether a product’s trade dress is essential to the use of the product, while the aesthetic functionality test looks at whether a product’s trade dress gives it a competitive advantage.