4 reasons why trademark registration is important for food industriesFebruary 23, 2021 By Dinesh Parmar
In a world with innumerous food and beverage businesses coming up every single day, consumers have a lot of options to choose from for the very same products. In such a situation, they often rely on split second decisions based on what they already know about a food brand through its branding. Today, not only food and food products but the science, technology and methods behind it also matter. From old-age techniques of brewing, baking & cooking to the more recent biodegradable packaging & food-styling techniques, the food industry has grown significantly to keep up with consumer expectations for nutritious, safe and novel food.
If cooking is considered an art, then it is vital to protect it as intellectual property. With respect to the food industry, intellectual property rights extend from contents and recipes to advertising and branding of the product. Irrespective of how well perfected a classic dish is or how innovative a snack idea is, even if it is the most delicious and fun stack ever created, it is easily possible to lose its value without proper branding. The best way to protect a brand is through registering it’s identity by filing a trademark.
A logo trademark registration differentiates a brand’s food products from others in the market. When it comes to the food industry, brand names often stand as a representation of quality and credibility. It also helps associate a certain dish, food-styling presentation, cooking technique, specific taste and/or recipe with a certain brand.
Here are some reasons why logo trademark registration is crucial for the food industry:
Differentiates a brand
The trademark law states that business owners cannot use a confusingly similar trademark for related goods and services but using related names for separate industries are acceptable under specific situations.
A trademark lawyer or an intellectual property lawyer can provide a trademark search opinion based on a thorough trademark search of existing brands, products or services that are similar in sight, sound, meaning, or overall commercial impression. They can guide you with picking a trademark that is unique, catchy, and descriptive about the brand or product and does not pose future risks of infringement.
Protects against infringement
Once a business register a trademark, they have the right to prohibit others from using similar or confusing names for products of the same class.
For example, Havmor Ice Creams from Ahmedabad, which holds a registered trademark, had the right to sue ‘Usha Aunty’s Havemore’, a Delhi-based pickle and cereals brand for trademark violation. Meanwhile on the other hand, identical trademarks such as DOMINO’S pizza and DOMINO Sugar have co-exist for ‘unrelated’ products and services for years.
Finding this line of difference can be extremely difficult and risky in the long run. This is where the opinion and assistance of a trademark lawyer proves beneficial.
Builds trust around quality standards
Since health, hygiene and safety are uncompromisable when it comes to food, quality in general is a crucial aspect that creates a trust in the minds of customers. Once a company has proven itself to be reliable and has managed to create a trustworthy impression, they can also afford to experiment with the brand and its products with the prospect of growth and expansion. If an unregistered brand were to experiment with its branding, packaging, product name or prices, they risk losing the trust of their customers. This unwavering faith in the quality of the products is actually the intangible asset of goodwill established by the brand’s trademark filing.
For instance, people would prefer buying an expensive cake if they trust it’s quality standards than risk trusting a new or cheaper brand. Intellectual property rights protect this brand value generated over the years, ensuring that competitors don’t profit from posing as a registered food brand.
Protects from defamation
If a food brand chooses not to register their trademark, it not only allows imposing competitors to profit from the business but also gives them an opportunity to ruin a brand’s credibility with sub-standard products that compromise on quality.
While making a purchase decision, a product is something that is bought while a trademark is something that is ‘chosen’ because of the trust and confidence it build’s in the consumer’s mind. This is why filing a trademark is extremely important for businesses in the food industry.
Just like the food industry, trademarks are an important asset of any business. Apart from helping you distinguish your brand from your competitors, they help you communicate effectively with your audience and establish an emotional connection.
As the most reliable intellectual property lawyers, our attorneys at Parker and Parker Co. LLP assists with trademark registration in Ahmedabad, India and many other countries by selecting the most appropriate trademarks, trade names, and service marks. In case of infringements, we provide thorough analysis of the infringement situation and suggest appropriate actions based on the third party’s scope & strength of their trademark rights. We also help with litigation related procedures as well as sending cease and desist letters to the infringing party.