March 28, 2025
The food sector is one of the most dynamic and competitive industries in the global market. Brands play a fundamental role in product differentiation and in building an identity that truly connects companies with consumers.
Registering a trademark in the food sector is not just a legal requirement. It is a crucial strategy to protect a company’s reputation and competitiveness. In this article, we will explore the best practices for trademark registration in the food sector, the specific challenges of this industry, and how to ensure the protection of your brand in the food world.
Brands in the food sector represent much more than just a name or a logo. They reflect values, quality, and the promise of a consumer experience. Trademark registration in the food sector is an essential tool to ensure that a company’s identity is legally protected and recognized, preventing competitors or unauthorized brands from using similar signs that could cause confusion in the market.
In addition, trademark registration grants the holder the exclusive right to use the trademark throughout the territory where it was registered. This is crucial, especially in the food sector, where brand recognition can be one of a company’s most valuable assets, representing a competitive advantage that attracts consumers and fosters customer loyalty.
Although the trademark registration process may seem straightforward, there are several steps and best practices that companies should follow to ensure effective protection of their identity in the food market.
Before starting the registration process, it is essential to conduct a prior art search to ensure that the trademark to be registered does not infringe upon the rights of existing trademarks. This can be done through national and international databases. This search helps avoid legal conflicts and potential litigation in the future.
A strong and effective trademark must be unique and distinctive. In the food sector, where many names and symbols may be similar, it is important to choose a trademark that stands out. Generic or descriptive trademarks (such as “best cheese”) have little to no chance of being accepted for registration. The more creative and distinctive the trademark, the easier it will be to register and defend it in the future.
Trademark registration must be made according to the class of products or services it pertains to. In the food sector, this may involve Class 29 (processed foods and preserves), Class 30 (cereal-based products, bakery goods, sweets), or other specific classes applicable to each product, depending on its nature. Ensuring that the trademark is correctly registered is crucial for the protection of all products that may be marketed under the same brand.
The food sector is global, and brands can expand quickly into international markets. If a company intends to market its products beyond national borders, it should consider protection in other countries. The Madrid System of the World Intellectual Property Organization (WIPO) provides an efficient way to register a trademark in multiple countries with a single application.
Once the trademark is registered, it is important to regularly monitor the market to detect any unauthorized use. In the food sector, trademark misuse is common and can result in dilution of the original brand’s value. Ongoing vigilance allows the company to take prompt action to protect its rights.
The ownership of a trademark can evolve over time. Changes such as the expansion of product ranges, alteration of the logo, or change of ownership require an update to the trademark registration. Keeping this registration up to date is essential to ensure that the legal protection of the trademark is maintained and that the company retains exclusive rights to use the trademark, even after any changes.
The food sector is particularly challenging when it comes to trademark registration due to intense competition and the high turnover of products. Below are some of the most common challenges companies face when registering trademarks in the food sector.
The food market is saturated with brands, increasing the likelihood of conflicts with existing trademarks. Companies must be extra cautious when choosing names and logos to avoid confusion with established brands, which could lead to litigation or the eventual need for rebranding.
In the food sector, trademarks are not limited to names and logos. Packaging, slogans, and other distinctive elements are also frequently used as trademarks. Protecting all of these elements is essential to prevent third parties from exploiting the company’s image and identity.
With the growth of innovation in the food sector, non-traditional trademarks, such as sound marks, color marks, or shape marks, are gaining popularity. Although these types of trademarks are less common, they provide an additional level of protection and can help companies stand out even more in a competitive market.
Trademark registration in the food sector is a crucial step to ensure the protection of a strong and successful identity in the market. By following recommended best practices, such as conducting a prior art search, choosing a distinctive trademark, and securing international protection, companies can strengthen their position in the sector and protect the long-term value of their brand.
Effective brand management not only contributes to the company’s competitiveness but also ensures that consumers can trust the authenticity and quality of the products they purchase.
