Getting a trademark for your business is a surefire way to protect and legally guard a product or service unique to your brand. Anyone who wants to commercially sell a product will want to receive a trademark for it to protect themselves from copycats, illegal distribution, and other various forms of brand scamming or slandering that may happen.
The process for all trademarks is largely the same. There are, in total, five steps to receiving a successful natural foods trademark:
You shouldn’t start an application without having looked at and preparing all of these specific categories beforehand. A natural foods trademark will require a logo, what you are using that logo for (i.e., the product/good/service it represents), identifying potentially conflicting trademarks that already exist, and choosing a filing basis for your trademark. The filing basis pertains to the intent in which you plan to use the trademark for. This could be commerce or foreign application/registration for your trademark.
</br/>You should consider hiring a trademark attorney to support you in the trademarking process. Trademark applications can take months, if not more, to complete and you could be declined resulting in a need to reapply. A trademark attorney is a lawyer who specifically deals in trademarks. They research conflicting problems, help you identify issues, and ensure that you have all the relevant information needed to submit an application.
Before we explain exactly what a natural foods trademark represents, it’s important to know some critical information about trademarks. There are, firstly, 45 different classes that a trademark can fall under. The ‘classes’ represent the product the brand represents. For instance, class 032 pertains to beers and beverages while 031 are all about grains and agriculture. When you submit for an application, you will likely submit a specimen, sample, or representation of the trademark on your product or service.
You’ll need to distinguish between natural and organic trademarks. Natural foods trademarks specifically represent the logo and terminology, not the process. The term ‘natural’ in food trademarks is fair game and can be used without a restriction, but organic foods will be restricted and you’ll need more certification to be able to use it in a trademark.
A natural foods trademark by itself, with no certification, does not mean that the product is natural and can for the most part be universally claimed as there are currently no defining restrictions. Your natural food trademark will then only hold with it the same standard and use that a normal foods trademark would do for you.
If it is your first time going through the trademarking process, you should consider hiring an intellectual property attorney. An intellectual property attorney specializes in trademarks, copyrights, and patents. Four Reasons Legal has over 15 years of experience in the USPTO trademarking process. We know exactly what you need to prepare before you submit to their offices and how to do it properly so you don’t waste months of time registering. Contact us for a consultation, or schedule a phone consultation today.