Can I Trademark Food?
No. But you can trademark a food’s branding.
Food cannot be trademarked because the food itself is a (generally fungible) product. That said, you can trademark any names, slogans, or logos you use to brand your food products and services. Of course, the names, slogans, and logos cannot be too generic or merely descriptive of the food product or service you’re selling, or you will be denied registration by the United States Patent and Trademark Office (USPTO). Instead, you should work to create a unique brand image for your food that is different from your company’s competitors.
If you market or sell food products or services and are interested in learning more about how to differentiate your brand from the competition, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a comprehensive trademark clearance search and why it is necessary for you to trademark your food brand’s name, logo, and slogan.