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In general, a "3-dimensional mark" including a "product configuration" can be registered under trademark law if it is either inherently distinctive or has acquired secondary meaning. Further, it has also been protected by unfair competition law under some condition. However, whether a product configuration mark can. ever be considered inherently distinctive or must have acquired secondary meaning is somewhat vague and unsettled, as will be discussed herein. A functional design of a product, however, cannot be protected by unfair competition law or registered under trademark law under "functionality doctrine" regardless of how strong the consumer recognition therewith. This article will discuss the level of inherent distinctiveness and acquired distinctiveness necessary to protect product configurations as trademarks. In particular, how a product design has inherent distinctiveness to bolster arguments for the availability of trademark protection will be discussed by introducing Wal-Mart cases distinguished a container from the shape of the product itself. Also the established standards to determine functionality of a product design such as whether a utility patent discloses "the utilitarian advantage" of the mark;, whether advertising refers to the mark as utilitarian; whether alternatives are available to competitors; whether the mark is a result of "a comparatively simple or cheap method of manufacturing will be discussed through the examination of U.S federal cases. Finally, this article will provide guidelines and suggestions to help our 3-dimensional mark protection policy for a product's configuration under current trademark law and unfair competition law.