Food trademark examples

Let the Professionals File Your Trademark Today! When a mark identifies a service as opposed to a product, it becomes a service mark. An example of this would be Shake Shack , which has a trademark to designate its fast food products and a service mark denoting the fast-food service of the restaurant.

And there are plenty of terms in the food world that you may not realize are in the same boat. For example, “Oreo” is a trademarked product name. That means no one else can use the name “Oreo” to sell their cookies.

However, if you wish to create and protect a special food item, you could trademark a specific brand name or slogan for your food. When a character exhibits an obsession for food that corresponds with a stereotype for his race or culture, it is usually considered a Discredited Trope unless played to lampoon the stereotype. See Also: Stock Animal Diet , which applies this to an entire species of animal, and Hollywood Cuisine ,. Examples of descriptive trademarks would be a fast food business called BURGER ON A BUN, or a deli called SAMMICHES. Generic trademarks, on the other han have no standing in court, because they simply describe an overall category of goods or services.

They are, simply, too broad and general to be protected. Bu, as the adage goes, too much of anything is good for nothing. Trademark Genericide is when a brand name becomes too popular and people start using it very frequently for a product or a particular task — it becomes generic.

The brand has become so popular. Take Entrepreneur Media Inc. List of generic and genericized trademarks. Here Wayne Beynon, an intellectual property expert at Capital Law, delves into three major food trademark disputes that caused a stir in the food industries.

Trademarks don’t apply to food and recipes, but problems do arise with product names and branding. There’ve even been examples in the past where companies have challenged competitors for copying the taste, or flavour, of their food. Similarly, the Nabisco logo is trademarked and no one but Nabisco can use it.

That helps consumers know which products are truly made by Nabisco and which are made by others. No celebrity trademarks phrases better than Taylor Swift. In my experience, as a trademark type, one place on the spectrum of distinctiveness where both trademark and marketing types can have their cake and eat it too, is the delicious category of suggestive trademarks.

From the legal side of the coin, suggestive marks are immediately protectable. But copyright does not protect the idea or instructions that the recipe embodies. In the case, two Cleveland restaurateurs opened a pair of restaurants serving casual fare like sandwiches, pizza, wings and salads. After three years, the founders split. Nonetheless, examples of food patents that have issued include a utility patent covering a recipe for instant stuffing mix, a utility patent for a method of making microwavable sponge cake, a design patent for Cold Stone Creamery’s signature Strawberry Passion ice cream cake, and a design patent issued for Breyer’s Viennetta ice cream cake.

In light of these examples, it is reasonable to conclude that uniquely styled foods such as Freeman’s Mondrian cake could also be protected under. Other products tend to be packaged in variations of the same two or three colors in different designs.

Trademarks used to identify services, however, are more accurately called “service marks,” though the concept is the same. A trademark may be owned by any person, business, organization, or other legal entity. Trademarks are commonly used on company letterhea business cards, and forms. It is unlawful for unregistered companies to use this symbol. Fast Online Process - File in Only Minutes!

A mark that identifies a service rather than a product is called a service mark. They exist in a variety of forms, including, within the food and beverage industry, soft drink names or logos, restaurant slogans or taglines, candy bar product or packaging configurations. Navigating the Trademark Class System. Trademark Identification (Goods and Services) Manual Suggestions The Acceptable Identification of Goods and Services Manual (ID Manual) includes a wide range of entries, and the USPTO frequently updates the ID Manual to add more entries. Your food idea must be “novel and non-obvious,” meaning it must either result from combining a unique set of ingredients or a unique way of preparing it.

Example of Trademark Infringement in Louis Vuitton Fried Chicken. The restaurant was actually named “LOUISVUI TON DAK,” which is a play on the designer’s name, and the Korean word for whole chicken, “tondak. The entrepreneur even used a mock-up of the Vuittan logo, printed on its wrappers and napkins.