With new food products arising every day and competition becoming more intense, it is of the utmost importance to trademark your original food products. Securing a trademark allows for your food products to gain customer trust and create brand recognition. When your food products have a trademark, customers know how to contact you, making your company more reliable and building customer security.
A trademark is often a name or an identifying trait that sets your food products apart from similar food products and builds your brand’s reputation. An example of this is the tiger on the Frosted Flakes box. Having a trademark for your original brand ensures the protection of your products so no other companies can sell under your name or copy your logos. This guarantees that your hard work in building your brand remains yours and does not get stolen by another individual or company that takes the credit.
Food products can fall under numerous trademarks depending on a range of factors, such as if the products come from plants or animals, if they are finished goods, or if they include a service. It is important to identify what category your product falls under and proceed to follow the process of securing a trademark from there. In many instances, your food products may fall under multiple trademarks, indicating the need for more than one.
The following list can help you classify which trademark class your food products fall under.
Before filing for your trademark, you need to find out if there is already a trademark similar to your brand, whether it be the name or the idea. You can do this by searching the United States Patent and Trademark Office (USPTO) database for trademarks that are similar to yours. If you do find a registered trademark that is too much like yours, then you must modify your logo/brand name, file under a different class, or consult with a lawyer.
After you have a name and brand that is entirely original to your class, you need to complete an application giving specific details about your product, such as what makes it original and what it will bring to the market. You also must include all the design elements you are going to use, such as the fonts, specific design templates, and packaging.
This process can be daunting and very specific. To ensure your application is accepted by the USPTO, it is beneficial to seek the help of a lawyer.
The process is not complete after you have secured your trademark. Filing for a trademark is impermeant. Over time, trademarks expire, and you need to file to renew your trademark, otherwise, your trademark is considered abandoned. You will not receive a letter or any kind of reminder saying that your trademark is about to expire, so it is your responsibility to keep this in mind while establishing your company.
Distinguishing what specific class your food products can fall under can be difficult. It is essential to complete the process correctly so that your brand can be protected, and you won’t run into any problems down the line. At Four Reasons Legal, we have more than 15 years of experience assisting people in the Greater Denver area to not only secure trademarks for their brand, but also to protect their trademarks years down the line.
We want you to be successful in your trademark goals at every stage of the process. Therefore, we can help you decide upon a proper course of action and execute it. If you are ready to begin the trademark process and establish your brand, contact us for a consultation today.