Creating and maintaining a brand that stands out is critical for a business to thrive. It includes developing a unique logo, a catchy name, and a product design that distinguishes your product from the rest of the competition. This is the process of obtaining a trademark and yes, it applies to everything, including the food business.
When starting a food business, it’s vital to understand trademarks. Trademarks provide a high level of product and ideas protection, ensuring they’re safe from infringement. Aside from the brand name and logo, you can also apply for a trademark for your food product’s distinctive packaging, color, and shape. Now the bigger question is how to get a food trademark in Colorado? Registering a trademark for your food product entails several crucial steps.
To ensure that you’re on the right path, here are some steps in obtaining a food trademark:
Trademark registration begins with choosing a perfect name for your food product. You must come up with a catchy name — something that’s easy to remember and appealing to your potential customers. The more distinctive and unique your name is the more chances of it being approved.
Product names significantly impact your customers. Hence, being original and unique helps your business strategy and marketing goals considerably.
Here, the goal is to stand out. After settling on a product or brand name, double-check to see whether anyone else is using it or if the name is remarkably similar to another brand or product name.
A basic Google search is usually unrecommended when conducting a detailed trademark search. The best approach is to consult with a trademark and patent attorney. They usually have access to the required search tools and the knowledge of what to look for and how to perform a successful search.
After extensive research and deciding on the most suitable product name, the next step is to file your trademark application. The United States Patent and Trademark Office (USPTO) requires you to follow its strict guidelines and classifications. You must provide all pertinent information about your product. Explain what you are offering to the market and how your food product differs from the rest. Additionally, your application must include design features such as logos, fonts, packaging, and product name.
Before submitting your trademark application, ensure that it’s error-free. If any crucial fact is missing, the approving body will send your application back for correction and explanation. Worse, USPTO may deny it right there and then. To prevent this, make sure you include all necessary elements.
Though the USPTO deals with many items and enterprises, you need not be overly concerned about a denied application. There are 34 separate trademark categories, three of them being for food products. Consult an attorney to verify that you choose and apply for the suitable category for the best results.
After submitting your trademark registration application, you must wait for the USPTO to release their approval notice. USPTO typically takes six to eight months to analyze an application and issue a decision. However, this process could take longer if you need to make changes or adjustments to your application.
If you have completed all of the requirements and the USPTO has granted your application, you are eligible for full advantages, including comprehensive trademark protection and rights to your product name, logo, packaging, and design. However, it is your responsibility to ensure that no other companies infringe on your rights. To ensure that your trademark rights are not infringed upon, you must keep a close check on the market or employ an attorney to monitor your brand.
Trademarks are an excellent communication tool that allows you to express both an intellectual and an emotional message to your customers. Developing a solid trademark means being able to protect your brand name from others who may use it similarly.
Depending on your trademark class, you can even expand your business in the future. Undoubtedly, it is a business asset. If you are ready to get one, follow the proper procedures for trademark registration or hire a trusted patent attorney to make the process easier and faster.