If you want to trademark your food name but aren’t sure how to begin, just follow our five steps to food trademark protection.
By Michael Kondoudis, Restaurant Trademark Attorney
This is our COMPLETE guide to food name trademarks.
Building a food brand is hard work. It takes creativity and luck because the food industry is competitive and crowded. You need a recognizable brand to stand out from the crowd. A strong brand is the key to success in the food industry.
But how do you safeguard this valuable asset? How do you protect a food name and brand?
That’s where trademarks come in. This guide discusses protecting a food brand with trademarks and answers important questions about trademarking food names. In fact, this is the information that we use to register food trademarks for our clients.
So, if you’re ready to learn about food trademarks and how they can help protect a food brand, this guide is for you.
Let’s dive in!
Trademark reg. no. 6,853,760 secured by The Law Office of Michael E. Kondoudis for Regal Meat LLC
CONTENTS
1. FOOD TRADEMARKS
What is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. In other words, it sets your product or service apart from your competitors.
What is a Food Trademark?
A food trademark is a name, logo, or phrase used to brand and distinguish a food product from similar food products made by other companies.
There are different types of trademarks that can be used for food products. The most common food trademarks are names, logos, and phrases.
For something to be considered a food trademark, it must be used to brand a food product. Also, a food trademark must be used to brand a food product to be registered with the U.S. Patent and Trademark Office (USPTO).
Food trademarks registered with the U.S. Patent and Trademark Office (USPTO) come with enhanced protections, including exclusive nationwide rights. There are many benefits to federal trademark registration.
A food trademark is a name, logo, or phrase that distinguishes a food product from one company from those of the competition. Food trademarks distinguish food products from different companies to prevent confusion.
What is Trademarking?
Trademarking is the legal process of protecting a word, logo, or phrase that you use to represent your brand. Trademarking protects your brand and ensures that no one else can use a similar name for their products. When you trademark the name for your food product, you’re ensuring that no one else can use that name or a similar one for competing food products.
What is Trademark Registration?
Trademark registration is the process of applying for a Federal trademark from the U.S. Patent and Trademark Office (USPTO). The USPTO administers trademark registrations. There are many benefits to federal trademark registration. Read more about why you should register your trademark.
Can Food be Trademarked?
No. Food cannot be trademarked, but food names can be trademarked. Foods cannot be trademarked because they do not represent a brand. However, food names can be trademarked because they identify a company’s food product and represent brands. Product names, including the names of food products, are eligible for trademark protection when used in branding. Trademarking a food name is the best way to protect your food brand. Food names can be trademarked.
Can Food Names be Trademarks?
Yes, food names can be trademarks when they are used to brand a food product. Food names are eligible for trademark protection. In fact, trademarking a food name is the best way to protect it for your food brand. When you trademark a food name, you reserve it for your exclusive use. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a food name as a food trademark. It is possible to trademark the name of a food product when the name is used in branding and marketing.
Which Parts of a Food Brand Can Be Trademarked?
Names, logos, and slogans can be trademarked to brand and market food products.
2. WHY TRADEMARK FOOD NAMES?
Why Should You Trademark Food Names?
There are several reasons to trademark food names.
Firstly, you should trademark your food name because it will confirm your legal ownership of it and how it is used. Both are essential to building a unique food brand.
Secondly, you should trademark your food name because it will help keep anyone else from using your name for their food products. This ensures that your food name remains distinctive. If someone else starts selling a food product with your name, they can steal sales from you.
Thirdly, you should trademark your food name because it will prevent anyone else from trademarking it (or anything similar) for their food products. If someone else trademarks your name, they will own it, and you will need to rebrand.
The Benefits of Trademarking Food Names
There are many benefits to trademarking your food products. For one, it can help you build a strong and recognizable brand. Customers are more likely to buy products from brands they know and trust, so a trademark can boost your business significantly. Moreover, a trademark can also help you stop others from using your ideas without permission. If someone tries to pass off your product as their own, you can take legal action against them.
There are several benefits to obtaining a food trademark. First, it can help you to build brand recognition and customer loyalty for your food product. If customers know that they can only get your specific product from your company, they are more likely to continue buying from you in the future. In addition, having a trademark can help you to enforce your rights if another company attempts to copy your product. Finally, obtaining a trademark can also make it easier to license or sell your food product in the future.
When you trademark a food name, you give yourself exclusive rights to use that name. This means that no one else can produce or sell a food product with the same name. Trademarks also give you the right to take legal action against anyone who uses your trademarked name without permission.
Another benefit of trademarking food names is that it can help you build goodwill with customers. If customers know that they can trust your brand because a trademark backs it, they are more likely to buy from you again in the future. Trademarks can also help you differentiate your products from the competition. A strong and distinctive brand can be a significant advantage in a crowded marketplace.
A food trademark helps create a unique and recognizable brand and increases customer awareness. A food trademark ensures that the name of your food product stays yours. A food trademark prevents anyone else from trademarking the same or similar name for their food product. A food trademark helps avoid future legal disputes, which can be costly.
Top Reasons to Trademark a Food Name
1. Avoiding conflicts with other food trademarks
The U.S. Patent and Trademark Office (USPTO) will only let one food maker trademark a food name. If you get the trademark, that is OFFICIAL legal confirmation that your trademark is unique.
2. Legal ownership and exclusive use
A federal trademark comes with significant legal rights, including the right to use a trademark in all 50 states. Also, only one business can own a food trademark, and it is usually the one that trademarks the name first.
3. Protection against copycats
Trademark registration protects your food name from people who would copy it and use it for their food products. The fact is that a food name is less likely to get imitated if you trademark the name.
If you don’t trademark your food product name, nothing stops another company from creating a similar-sounding name for their product. This could confuse customers and lead to lost sales.
4. Easier enforcement
Trademarking your food name helps avoid costly litigation. But, if you are forced into court in a dispute over your food brand, having a trademark is a great advantage because it is legal confirmation of your ownership of your food marks and that they are valid and enforceable.
If someone does infringe on your trademarked name, you have the legal right to take action against them. This includes ordering them to stop using the name and/or pay damages.
5. Make your brand stand out
Having a unique name for your food product helps create brand recognition and differentiation from other products on the shelf. A strong brand can lead to customer loyalty and repeat purchases. If customers know that they can only get your specific product from your company, they are more likely to continue buying from you in the future.
The food marketplace is crowded. A trademark is an efficient communication tool for capturing user attention and making your brand and products stand out.
6. It protects your investment in your brand
If you have spent time and money developing a strong brand identity, you don’t want someone else to be able to cash in on that by using your name. Trademarks also make it easier for customers to find your products and distinguish them from similar products on the market.
Do You Have To Trademark A Food Name?
No, trademarking a food name is not mandatory. But, if you don’t trademark your food name, you won’t have exclusive rights to it. Other companies would be free to use your foods name for their food products.
Do you need to trademark a food name?
Yes, if you want to protect it from being copied by someone else. If someone else copies your food name, they could potentially damage your business or even steal your customers. If you spend a lot of time and money developing a food product, protecting your work from being copied by someone else is vital. By getting a food name trademark, you can prevent others from using it and create a stronger association between your food product and its name.
3. WHEN SHOULD YOU TRADEMARK FOOD NAMES?
How Long Does It Take to Trademark Food Names?
In most cases, it takes more than 12 months to get a food trademark. The trademarking process for food names is a legal process that takes about a year.
When Should You Trademark Food Names?
Most authorities agree that you should trademark food names as early as possible. Ideally, you should trademark a food name as soon as you have settled on it and before your food product is offered for sale.
Getting trademark protection for your food name as quickly as possible is crucial to prevent other companies from copying. The trademarking process typically takes more than 12 months and starting early means that your food name will have maximum protection against imitators and knock-offs.
Also, the U.S. Patent and Trademark Office (USPTO) will let you trademark your food name up to three years before your food product is even released.
Simply put, the sooner you file your trademark application, the better.
4. REQUIREMENTS FOR FOOD TRADEMARK PROTECTION
A trademark is only eligible for trademark protection when specific trademark requirements are met. There are two trademark requirements, and you must meet them to qualify for trademark protection. There are two basic requirements for trademark protection:
(1) the mark must be distinctive
(2) the mark must be in use
What are the Requirements to Trademark a Food Name?
For a food to be eligible for trademark protection, it must be distinctive and not confusingly similar to any other existing trademarks. The food name must also be in use in commerce. Read how to pick a distinctive trademark below.
5. HOW TO TRADEMARK FOOD NAMES
Where Do You Trademark Food Names?
You trademark a food name by applying to the U.S. Patent and Trademark Office (USPTO) in Washington DC and getting your application approved for registration.
How to Get a Trademark for The Name of a Food Product
Registering a trademark, including a food trademark, is not an automatic process. To qualify for trademark protection, a food name must be able to meet certain requirements. Also, you need to file an application with the U.S. Patent and Trademark Office (USPTO) and successfully complete the application process. But once you have it, you‘ll have peace of mind knowing that your products are protected.
Here’s how to start the process of trademarking a food name:
(1) Choose a unique food name and logo. Read more about how to pick a strong trademark here.
(2) Check whether your food name is available. Read more about how to search trademarks to find out if anyone else has registered or applied to register your food product name.
(3) Collect the required information and decide on a trademarking strategy. Many strategic decisions go into a high-quality application.
(4) Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office (USPTO).
(5) Work with the USPTO examiner and navigate the USPTO application review process.
(6) Use the correct trademark symbol with your food name and logo. Read more about trademark symbols here.
The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.
6. CHOOSING STRONG FOOD TRADEMARKS
How to Choose a Distinctive Name For Your Food Product
When choosing a food trademark, it is important to select something that is not already in use by another company. It is also important to select a mark that is distinctive and easy to remember. A good food trademark should be able to identify the source of the product without being descriptive of the product itself.
Make sure not already in use: Before applying for a trademark, you’ll need to make sure that the name isn’t already being used by someone else. To do this, you can search the USPTO’s database of registered trademarks. Read about trademark searching below.
7. SEARCHING FOOD TRADEMARKS
Why You Should Do a Trademark Search for Your Food Product Name
You should do a trademark search for your food name for several reasons.
(1) You should do a trademark search for your food name because it can help you avoid picking a name that someone else has already trademarked and is already taken. If you use a food name that is already trademarked and in use, you might be charged with infringing someone else’s trademark.
(2) You should do a trademark search for your food name because it can ensure that you will not be forced to rebrand in the future. No one wants to receive a cease and desist letter from another business.
(3) You should do a trademark search for your food name because it will help you pick a name that you can own and protect with a trademark. If you use a food name that other companies are using, you won’t be able to trademark it for yourself. You won’t legally own it and won’t be able to stop anyone from copying the food name.
Your food name will function as a trademark, which identifies the source of your food product and distinguishes it from the competition. It is critical that the name of your food product is unique and that no one else is using it. A trademark name search is the only way to ensure that your food name is unique and protectable.
How To Do a Trademark Search for Food Name Trademarks?
To check if someone has already trademarked a food name, you can search the USPTO’s trademark database. Go to the USPTO’s Trademark Electronic Search System (TESS) and choose a search option. You can use the “Basic Word Mark Search” option to search a name or phrase. You will need to use the “Word and/or Design Mark Search” option to search a logo, graphic, or design.
1. Go to the USPTO’s Trademark Electronic Search System (TESS) available on the USPTO website at www.uspto.gov.
2. Select a search option. If you are checking if a food name is trademarked, you can use the “Basic Word Mark Search” option.
3. Enter your food name into the search field to search the USPTO’s trademark database.
You can check if a food name is already trademarked by searching the U.S. Patent and Trademark Office’s (USPTO) trademark database.
Caution: The USPTO will reject your trademark application if there is “a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and any trademarks close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals).
TAKE THE NEXT STEP
Take next step toward LEGALLY owning your food trademark and brand!
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your food name, logo, and brand, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).