Everything you need to know about registering a trademark in the food industry.

*This is a sponsored guest post courtesy of Gerben Intellectual Property. The company has been vetted by EatDrinkLA for its industry expertise.

In the food industry, there is a lot of creativity and a lot of competition. No matter if you’ve made it and established your brand somewhere or are just starting to get your food out there, it is important to consider registering for a trademark. You may be thinking, “Why do I need a trademark if everyone already knows what I’m known for?” or, “I’m the most creative chef out here, everything I do is unique, why do I need to register for a trademark if people will just know me?” The answer lies in the question if there is a piece of your brand that you’re known for, from your logo to your name, to your signature sandwich or gourmet milkshakes you need to protect it from competitors. A registered trademark gives your brand and all that it encompasses a safety net. By having one, your logo, brand, restaurant name, and signature dishes that can be trademarked individually, you are telling competitors that the intellectual property that is your brand belongs to and can only be used by you.

What is a Trademark?

A trademark registration legally protects a name, word, phrase, design, logo, or symbol of your product or business. This is achieved by filing a trademark application through the US Patent and Trademark Office (USPTO). This is the government agency responsible for managing all trademarks within the US. A trademark registration gives your brand the ability to readily identify products associated with your brand and the clout and credibility that comes with your brand name. For example, the “Big Mac” is a registered trademark as a McDonald’s product. No other company can claim their fast-food burger is a “Big Mac” or risk infringing on the trademark that belongs to the McDonald’s brand. However, a trademark cannot protect a recipe, so the ingredients and assembly of the burger itself are not covered under that name and can be used elsewhere. Recipes and formulations can be protected through other means such as trade secret protection (Gerben, n.d.).

While a trademark does not protect a recipe it can protect your product outside the realm of simple words or logos. It can stretch to identifiable shapes, colors, sounds, packaging, and more. An example of this is Coca-Cola’s iconic glass bottle. The shape of the bottle is trademarked to prevent any other company from packaging their drinks in a similar shape thus preventing any doubt that the drink a customer is pulling out of a cooler can only be a Coke.

How to Register

Registering for a trademark is simple if you know what to do. It’s easiest to take advantage of the knowledge and experience of a trademark attorney to guide you through the process, but we’ll discuss what to expect here.

First, you need to conduct a name search to make sure that your name or product name is unique enough that it won’t infringe on a trademark that has already been registered. If you find that your name is already being used in your industry, it is recommended that you make a change to prevent infringement or the rejection of your application. After your name search, you’ll need to identify which class the product or name you’re looking to trademark falls into. This ensures that upon time to apply, your application will be complete and accurate. Following this, you’ll submit an application to the USPTO.  

Once you’ve applied with the USPTO for a trademark the process takes between 6 and 8 months to be completed if it is not sent back for corrections or clarification. Once your trademark is approved you’ve officially secured the protection and rights to your name and logos! Moving forward, you will be responsible for monitoring any potential infringement on your trademark, taking action against it, and maintaining your trademark with the proper paperwork.

For a more in-depth look at how to register a trademark, go here.

Why You Should Register

A trademark in the food industry adds credibility, value and designates a high-quality product to consumers. It is a hallmark of food products or companies. Your food is uniquely yours, it’s what sets you apart from other restaurants down the road. The brand reputation that your food, service and unique atmosphere make sets you apart. The taste you make, the ideas you assemble on a plate, the culture you pour into your dishes are all part of what makes your brand memorable. A trademark can even aid in the marketing of your product, giving it a distinct, identifiable brand of its own.

A federally registered trademark with the USPTO will not only provide you protection but also opportunity. When your restaurant name and brand is trademarked on a federal level, it gives you the chance to expand outside of your locality. If you’re only registered locally, you could face issues in expanding your presence in other regions due to a trademarked competitor in that market.

The quality of your food product can also be safeguarded through a registered trademark. The trust that is built in your audience of the quality to expect when buying your food product can be upheld through this protection. It makes your product and the quality that is attached to it easily identifiable to consumers and can attract them through it (Khanna, 2018).

Additionally, a registered trademark allows consumers to easily to differentiate a food product from that of a competitor preventing any confusion between the two. While what you make is unique, the food you cook up will likely fit into the same category as many competitors. Without a registered trademark, your signature product could be anything but signature. Without a registered trademark, the BBQ sauce perfected through generations of your family could simply be sauce rather than the flavor that brings customers back to your door again and again. All of the pieces of your brand can be protected under a registered trademark and could prevent competitors from capitalizing on your brand reputation for their own benefit or potentially tarnishing it through misuse.

Conclusion

Overall, a trademark in the food industry can be a huge deciding factor in how consumers interact with your brand. Not only does it give a consumer the confidence that they are selecting the quality that your brand promises, it also gives you an opportunity to protect your assets and expand. If you’re ready to embark on the trademark process, it is best to take advantage of the knowledge and expertise of a trademark attorney. They will guide you through the process so you can keep crafting your culinary masterpieces with the knowledge that your brand is protected.

Author Bio

Josh Gerben is the founder of Gerben Perrott PLLC, a full-service intellectual property boutique offering trademark, copyright, and patent services throughout the U.S., including the Los Angeles market. Since 2008, Gerben IP has secured over 6,000+ trademark registrations for clients and has been quoted in a wide range of local and national news outlets, including NPR, The Washington Post, The Wall Street Journal, CNN and more.