Trademarks 101 for Food, Beverage and Dietary Supplements
Registering a trademark is a crucial step in protecting your business. A trademark sets your products apart from the competition by establishing a brand that consumers can easily recognize. Trademarks can be names, symbols, words, or even slogans that distinguish a product. They are unique to your brand and protect your products from other businesses benefitting from your customers’ goodwill.
Before importing and distributing food, beverage, or dietary supplement to the United States, it’s crucial to have a trademark plan ready to implement. Foreign registered trademarks are not recognized under U.S. law and therefore not enforceable. This can cause problems for importers who want to establish their brand in the American market because they are unable to prevent competitors from using their foreign trademark. But do not worry, not all is lost. You can file an application to register your trademark with the U.S. Patent and Trademark Office.
Unfamiliar with the trademark process? Here are some key aspects to consider in order to set your business up for success.
1. Conduct a search
A trademark is of no use to you if it’s already claimed by another company. Just because a trademark is registered elsewhere doesn’t mean it is available in the U.S. Before registering your trademark, you should conduct a search of the USPTO registry. This will let you know if your mark is available and most importantly avoid wasting your money on the non-refundable application fee.
2. Register your trademark
You’ll need to register your trademark with the USPTO. This protects your brand from copycats and gives you federal government protection to defend your mark and enforce your rights. A non-refundable application fee is required for this step, so professional assistance is highly suggested to have the best chance for a favorable outcome.
3. You may need to file a Statement of Use
Some trademarks can be filed before a product actually hits the market, which is called an “intent-to-use”. If your mark is approved by the USPTO, you have 6 months to file a Statement of Use demonstrating actual use to officially register the trademark. If you do not file a SOU within 6 months, you can request an extension.
4. Trademark revivals can resolve missed deadlines
In the event you miss the SOU deadline or fail to request an extension, a Petition to Revive is the next best option. If the request is granted your application is again active and can be further processed. This is your last chance to get your trademark back on track to registration.
5. Renew your trademark periodically
At the 5 and 9 year marks following registration, you’ll need to renew your trademark to maintain its validity. So long as you meet these deadlines and demonstrate continued use, it’s possible to keep your trademark alive forever.
6. Know how to respond to Office Action letters
Office Action letters are sent by USPTO examiners when issues are identified in a trademark application. There are several different kinds of letters and corresponding responses. Unless you address every issue in the office action letter, your trademark will be denied registration. Knowing and understanding how to respond to an examiner is crucial to prevent this from happening.
Looking for solutions to any of these steps in the trademark process? US Imports can help! Our trademark specialists offer affordable packages to assist with trademark registration, trademark renewal, Office Action responses, and more. Browse our full list of services and protect your brand today!
