Trademarks & Chocolate: Protecting Your Brand Now Ensures Sweet Success Later
What is a trademark? The government agency in the USA grants trademarks (as well as patents) is called the USPTO (US Patent & Trademark Office). Here’s how they define the word: “A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.”
Let’s simplify that – typically, a trademark is the name, logo, and/or slogan of your products and/or services. Trademarks can also be sought for sounds (Homer Simpson’s D’OH), colors (Tiffany blue), & even product packaging (Coca-Cola’s contoured bottle).
And registering your trademark with the USPTO grants rights that could be vitally important to your brand. “Registering your trademark with the USPTO creates rights throughout the entire United States and its territories it includes your registration in [the USPTO’s] publicly accessible database of registered trademarks. You can use the ® symbol and you can generally rely on those rights to protect your trademark as you expand your business across state lines.”
There’s also the legal protection you’re granted: “Right to bring a lawsuit concerning the trademark in federal court. This allows you to sue others who are using your trademark or a too similar trademark anywhere in the country without having to travel to their state to sue them. Legal presumption that you own the trademark and have the right to use it. So, in federal court, your registration certificate proves ownership, eliminating the need for copious amounts of evidence.”
While trademark registration is not a requirement, doing so can ensure the protection of your brand across the USA. Without Federal or State registration, you have to rely on Common Law rights – “trademark protection is based solely on using your trademark in commerce within a particular geographic area. This limits your rights, as you can only enforce your trademark rights for the specific area where your trademark is used.” As you can imagine, limiting the rights to your chocolate brand or chocolatier services to where you’ve just done business could be catastrophic, especially for a new business that likely hasn’t made many, if any, sales.
The sweet world of chocolate brands has been ever-expanding since 1847 when British chocolatier J.S. Fry and Sons created the first bar of chocolate. Today, there are thousands upon thousands of chocolatiers, chocolate brands, chocolate bakeries, & so forth. The USPTO alone has 20,000+ live Federal trademarks for chocolate (as of 6/20/2021 so it’s safe to assume this number increases continuously). In an ever-competitive marketplace, the importance of protecting all facets of your brand is essential.
Your customers will come back to you time & time again because of the deliciousness of your chocolate but, in order to do so, your brand (the name, the logo) has to be there for them – to find, to buy from, to rave about to friends & family – consistently.
- If your customers can’t find you because you had to undergo a name change, it is very possible they’ll move on to the next chocolate brand. Properly researching & registering your trademark protects your brand.
- You’re selling at your local farmer’s market but have big dreams to sell online, in stores, obtain investors, grow the brand. Comprehensive research & Federal registration allows for brand growth.
- You’ve got a fabulous recipe you’ve finally perfected & you have a brand name in mind but aren’t yet ready for packaging & sales. Thorough research & trademark filing are the next steps to protect your budding brand.
What was once sweet could easily sour if the proper steps are skipped to protect your chocolate brand.
While CocoVaa & Piece, Love and Chocolate eventually and ultimately prevailed over Mars Inc. & Vosges Haut-Chocolat, respectively, it is easy to imagine the financial & emotional toll these disputes inflicted on these small business owners. Don’t let this happen to you.
First step is comprehensive research, which will tell you if there are hurdles to the usage of your name. Knowing what’s out there (Federal trademarks, State trademarks, Common Law usage) will give you the power to know what next best steps to take for your brand. Once you find a viable name, then filing for a trademark gives you that peace of mind protection.
TradeMark Express can help you in your trademark chocolate journey. Give us a call – 800-776-0530 – or check out our site www.tmexpress.com for further information. We’re always here for free consultations to help you decide the best approach for your chocolate brand.
The information provided in this article is for general informational purposes only. All information provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information. The Article cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.
Quoted Text:
https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
https://www.uspto.gov/trademarks/basics/why-register-your-trademark
