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Can You Trademark Food Names? – A COMPLETE GUIDE
From:
Michael Kondoudis -- DC Trademark Lawyer Michael Kondoudis -- DC Trademark Lawyer
For Immediate Release:
Dateline: Washington, DC
Tuesday, October 4, 2022

 

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.

About Michael Kondoudis

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 to Brand. He is also an authority trusted by national news media on major trademark stories involving NFTs and the Metaverse. For more information, visit www.mekiplaw.com.

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