TRADEMARK REGISTRATION FOR FOOD PRODUCTS IN KERALA
A brand is an important factor for any food product or business. It helps us in differentiating our product from the other products.In any market, there will
be multiple competitors who sell similar products, therefore having a brand helps us in creating an identity for our products. People will start to associate our
brand name to that particular product and will eventually lead to our brand gaining reputation.
It can even be said that a company’s greatest success is when people start using their brand name synonymously with a food product.
For example, If I say “noodles”,what’s the first food product that comes to your mind? Let me guess it must be ‘Maggi’!.At Least most of us would think of ‘Maggi’.
It has become a house-hold name for noodles in India.
Therefore in a competitive market having a trademark for your food product and company will help to solidify the company’s reputation and presence.
What is a Trademark?
‘ A trademark is a legally protected word, name, design, logo, or other symbol of your product or business.’
For example,the name “Parle-G” is a trademarked product name and no one can sell cookies or biscuits using that name. Similarly, the famous ‘3 birds in nest’ logo of Nestle is trademarked and no one else can use it.These trademarks help to differentiate their products from the other similar food products.
Trademarks don’t only protect names and logos. Sometimes, you can even trademark distinctive shape,design,color,sound and more. The only hurdle in this is if it helps to make your food
product unique from the others.
But what’s difficult to trademark in the food industry is the recipe for making a particular food product.If say you sell a special variety of ‘soam papdi’ and it sells much better than the other competitors in the market, you cannot stop the other companies from trying to replicate or copy your special recipe.
Even though they cannot sell that product under your brands name,they can sell it under theirs.
The most famous example can be KFC or Kentucky Fried Chicken, their crispy fried chicken recipe is still a mystery but that doesn’t mean other companies cannot try their hand at fried chickens. According to Wiki,the Colonel Sanders(founder of KFC) original “11 herbs and spices” recipe is held safe inside a vault in KFC’s Louisville headquarters, along with eleven vials containing the herbs and spices.
Fun Fact: Winston Shelton, who was a former friend of the Colonel, said that the secret recipe contains ‘Thalassery black pepper“.A kind of black pepper grown in the state of Kerala,India.
Even though it’s difficult to trademark a recipe,it isn’t impossible. One can try their hand at making the recipe a trade secret.
Nestle logo and name are both trademarked.
Now let’s discuss how to trademark your food product:
1.Find a Good Brand Name:
The very first step in trademarking your food product or company or both is to find a good brand name. This name cannot be generic and must be original.
Like in the example of Parle-g given above,one cannot trademark a term like “glucose biscuit” which is too generic. Therefore choosing a name which is original and unique
for your product or company is the way to go. A good name can have a huge impact on the customers mind which will lead to long-term success and enhance the
loyalty of the customers.
It is recommended to use a completely new name or phrase.
A packet of Parle-G Biscuits
2.Do a Trademark search:
After you have chosen a name for your company or product or both. The next thing is to look up if that original name is not already in use for any food products or company.For this,we have to do a thorough trademark search. Thorough search means each factor of the name,design or color that you are going to trademark needs to be checked.
For example, Consider you have a biscuit making company .If you are going to name your food product “Parl-G”(without an ‘e’ but sounds very similar to Parle-g) then most probably they won’t accept your name.
Because of its similarity to ‘Parle-g’ and even if you were going to sell biscuits under
that name,then Parle has even the rights to sue you for trademark infringement.
To learn how to do a detailed Trademark search,then refer to this blog.
3.Filing a Trademark registration application:
You have to file a Trademark registration application with the Trademark authority in India (http://www.ipindia.gov.in/) with the prescribed fees.Also you will have to have the necessary documents to accompany the application.
The entire process of filing an application and getting the trademark is a long and cumbersome process, so you will have to get the help of a trademark attorney. A trademark attorney ensures that the entire process is completed.
Once you submit your application with the necessary documents, the authority will review it. After you get the approval,you will be entitled to the benefits of a trademark.
After your application is accepted, you can use the provisional symbol “TM” along with your food product name or logo until you get the “®” symbol.
Until then other potential infringers can claim for the mark. A hurdle that you may face is a ‘Trademark objection’, this happens when the trademark officer objects your application by raising different reasons.
Example:the name you have chosen is similar to another trademarked name or if its a prohibited name or if it hurts the sentiments of a religious group.
So if you are planning to get that unique name or logo trademarked,We Getmycompany can help you ,We got experts who can help you, give us a call,we are here to help.
call us :7092405060
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