Importance of Trademark Registration in the Food Industry

Soniya Khanna

25 Jun, 2023

A trademark associated with the food product signifies the quality of the product. It gives a competitive edge to the food business and enhances the value of the product. In the food industry, trademark registration helps in the value addition of the food product, which attracts more consumers. Beyond everything, a registered trademark becomes wholly responsible for the quality of the product. In this article, we will discuss the importance of trademark registration in the food industry in India.

Why Trademark Registration is so Important?

Before coming to the importance of trademark registration, let’s understand the term “Trademark”.

Trademark registration is a process of registering a mark or a logo of your company which helps in attracting the attention of the customers and makes it easy for your product to stand out in the market.

Importance of Trademark Registration

Why Trademark Registration is important for your Food Company?

The main component of a food company or food business is a registered trademark. Trademark registration will differentiate your food product in a market from a similar food product of other competitors. A trademark registration gives a brand reputation and distinguishes the food product from others.

The quality of the food product also plays a vital role in setting them apart. Trademark registration is important for the food company in order to build & protect the reputation of the company in the food industry. It is also important to identify the food product and to prevent confusion.

Trademark registration eliminates the reduction of consumers and protects trade secrets. It also helps consumers in avoiding unnecessary expenses on food products they don’t want to buy and focus more on the food products they actually want to consume.

Trademark registration will help food businesses in marketing their food product. Trademark gives consumer recognition to a food business.

Besides using a trademark, it must also be ensured that others are not using the same trademark. Your trademark should be distinctive in nature. A registered trademark gives protection to the uniqueness of your food product. In case it is used by anyone in relation to similar goods or identical goods, then the trademark owner has the right to take legal action.

Current Scenario

Now a day’s, food product consumers are becoming very demanding as they are very much concerned about the health, safety, and quality of the product. In the food industry, trademark registration is particularly very important.

Over the last decades, the food industry has undergone major changes. In India, FSSAI (Food Safety and Standards Authority of India) is responsible for maintaining rules & regulations for the food industry. FSSAI can cancel the food license at any time if it is found that food business operators are offering inferior quality food products, which can jeopardize the health of consumers.

In order to meet the tastes of the consumers, “Coca-Cola” has launched “Coca-Cola Zero” to fulfil the demand for less sugar content. To address the issue of lack of time to cook, various food businesses have launched ready meals. With the arrival of the summer, food companies bring new drinks, new flavours, and new packaging.

To sum up, a trademark should be strong as it represents business and is responsible for enhancing values. Considering consumer habits and tastes, the food business comes up with changes which are represented by its trademark/brand.

Examples of the food business trademark:

Trademark Registration Process of Food Product

There are three main steps in Trademark Registration:

a. Selection of Mark

The first step in trademark registration of food products is the selection of the mark or logo. When you are finalizing the trademark, you would have to ensure that logo must not be generic & simple.

The name should be very uncommon. While selecting a mark, business goals should be kept in mind like it cannot be as simple as a “Pizza making company”. The name gets legal protection under trademark law.

b. Conduct a Trademark Search

Trademark search is conducted by professionals in order to verify the availability of the desired mark or logo. Trademark search is done on the basis of the trademark class. One can proceed with trademark registration if the desired mark has neither been taken nor is similar to an existing mark. A trademark search can be done from here.

c. File a Trademark registration Application

A trademark registration application is filed with the trademark authority (http://www.ipindia.gov.in/) in form (TM-A) along with the prescribed fees. For filing the trademark registration application, proper documentation is required. In order to ensure that the trademark registration application is complete, you need to take the help of a trademark attorney. We have an excellent team of trademark attorneys who can file your application without any hurdles.

Once you submit the documents along with the necessary documents, the authority will review it. In case your application is approved by the authority, you will be entitled to the benefits of the trademark.

Therefore, you will have to monitor the market in order to make sure that no other person is violating your rights. After getting approval, you are entitled to use the provisional symbol “TM”. Until you get the “®” symbol, potential infringers can claim the mark.

In case of any trademark objection, we suggest you take the help of professionals who can draft strong trademark objection reply and shall also assist you on how to avoid trademark objection.

Trademark Registration Process Flow Chart

Trademark Registration Across the World

If you are planning to register your mark in other countries as well, then you can go for International Trademark Registration. One can apply for trademark registration in each country separately. A trademark attorney can help you out with this.

Trademark Registration Validity

Once your trademark is registered, it shall be valid for a period of 10 years; however, it can be renewed for a further period of 10 years.

Are you ready for the Trademark Registration of your Food Product?

You would have to contact a trademark attorney if you’re ready to protect your product name, logos, and other distinctive elements. A trademark attorney will assist you in avoiding issues in trademark registration. If you still have doubts about trademark registration or if you’re curious to know more about trademarks, then you can contact us anytime.