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There the manufacturer could perhaps prove that those aspects do not serve a purpose within the terms of the utility patent. The Basic Trade Dress Question To answer the initial question, if the part of the patented invention is functional it cannot be protected under the Trademark Act

The tray is designed to help reduce the risk of central line-associated bloodstream infections (CLABSI) by providing bacterial protection and supporting a 7-day wear time, aligning with hospital protocols

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