In India the importance of Patents has increased very rapidly over the last few years. It is ev...
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 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.
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.
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 distinct the food product from the others.
The quality of the food product also plays a vital role to set 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.
Now a day’s food product consumers are becoming very demanding as they are very much concerned about 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 any time if it is found that food business operators are offering inferior quality food product which can jeopardize the health of consumers.
In order to meet the tastes of the consumers, “Coca-Cola” has launched “Coca-Cola Zero” to fulfill the demand of 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 flavors, and new packaging.
To sum up, a trademark should be strong as it represents business and responsible for enhancing values. Considering the consumer habits and tastes, food business comes up with the changes which are represented by its trademark/brand.
Examples of the food business trademark:
There are three main steps in Trademark Registration:
The first step in trademark registration of food product is the selection of the mark or logo. When you are finalizing the trademark you would have to ensure that logo must not 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 “Pizza making company”. The name gets the legal protection under the trademark law.
Trademark search is conducted by the 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 for trademark registration if the desired mark has neither been taken nor similar to an existing mark. A trademark search can be done from here .
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 trademark registration application is complete, you need to take help of a trademark attorney. We have an excellent team of trademark attorneys who can file your application without any hurdle.
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 for the mark.
In case of any trademark objection, we suggest you take help of professionals who can draft strong trademark objection reply and shall also assist you on how to avoid trademark objection.
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. Trademark attorney can help you out with this.
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.
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 in trademark registration or if you’re more curious to know more about trademark then you can contact us anytime.