Abstract: From info-economic point of view, the growing kinds of interactions between producers and consumers have occupied a large extent of commercial dialogues. The way by which a trade dress as an example of trademarks could promote the quality of an info-commercial system is our first question. At the same time, we know that the trademark law system, each of word mark and trade dress plays its own communicational roles based on laws which govern each of lingual and visual systems of communication. However, as a matter of fact, assimilating the concepts “trademark” and “trade dress” has invariably been posing the fundamental question of determination of “distinctiveness”. In this article we have tried to analyze and streamline the question of distinctiveness of trade dress based upon semiotics. Reaching at the conclusion that in terms of distinctiveness trade dress should be treated as a “pre-occurred” and explore-able event in relation to consumers not as a “presume-able” matter in relation to trade dress itself.

VIEW PDF